Slapped with domain Trademark Infringement claim

[dertyfern]

I've just received a trademark infringement claim from an attorney representing a website that owns the .com extension of a very common English language term (since 2000). I own the .net equivalent and have since 2005.

The claim comes after the .com owner successfully managed to trademark this very common term in Dec of 2007 and now claims that since I am operating the .net version I am infringing on their mark.

Does anyone here have a similar experience? Of concern is how two domains can operate for years, and after one of them trademarks the domain name phrase threatens suit and is seeks monetary damages as well ownership of the domain.

[surrealillusions]

although you shouldn't take any legal advice from this forum, but, i believe that since you registered the site before the trademark was registered, that they cant do much.

but im not too sure, and im far from a lawyer (i have a sense of humour for a start ;) )

:)

[Webwork]

Dertyfern, the following is from the Charter for the Domain Forum:

TRADEMARKS AND LEGAL ADVICE:

1. Posting domain name details is a violation of the Charter of this forum, yet, such details are what competent legal counsel would insist on knowing before offering advice.
   
2. There are hundreds of jurisdictions, each with their own variation of intellectual property and trademark law.
   
3. Statements made in public forums can and will be used against their maker.
   
4. Trademark holders can search domain forums for threads triggered by their communications. Declaring "I was just contacted by a lawyer about a domain . . " can signal "This thread was started by the person you just called." See #3.
   
5. Money judgments for cybersquatting, trademark violations and other intellectual property wrongs can bankrupt people and companies.
   
6. Threads that involve personal legal or trademark issues inevitably lead to the same conclusion: "We are neither qualified nor sufficiently informed to offer competent legal advice. Talk to a lawyer".
   

For these and other good reasons, from this point forward [webmasterworld.com], the Domain Forum will no longer host threads related to any individual's or any company's domain trademark issues. The only place to seek opinions concerning specific legal matters, such as the ability of any party to assert trademark rights or defend against such a claim, is a law office in the proper jurisdiction.

Generalized discussions about legal issues not specific to a member's circumstances, discussions about finding or using authoritative government sources (USPTO.gov, Patent.gov.uk, WIPO, etc.), or discussions concerning significant WIPO, ICANN or court decision are proper material for discussion.

If someone posts a legal issue thread, wherein they state that they have been contacted by legal counsel for "the other side" the only advice that should be given is to strongly encourage the person to stop posting details in public forums and to immediately seek a private consultation with a lawyer.

Consistent with the above I am now locking this thread and strongly suggesting that you consult with legal counsel. The claim may lack legal merit but, without knowing the details and the law, we're not a solution to your problem.

Good luck.