joined:Apr 28, 2010
Hey everyone, I was doing some searching on the net on a certain problem I have and I thought maybe you guys could help me out or atleast point me in the right direction.
I realise you cannot give out legal advice but if you know anything about this situation any help is hugly appreciated.
Me and my partner have been running a website that sells cookware etc ( I omit the name of the company) for 10 years now.
Now we get a call from a guy who has been selling the same cookware from a .ca website of the same name. We have had our domain (.com) for much longer than he has.
Our problem is earlier this year he registered the name as a trademark and now hes telling us to give him our domain.
Hes thretaning legal action and I believe he could win as we are selling the same product and he owns the trademark now.
My question is this: Can he legally "force" us to take down the domain, could he force us just to take off the cookware product ( the only similarity besides the name) and If all else is yes could he force us to "give" him the domain?
We DO NOT wasnt to give it to him, as a last resort we will keep the domain and use it as a blogging site or something else.
He says we can pay him 100,000$ to keep the domain. He specifically told us he doesnt care about us using the name but he wants the .com and if we dont give it to him he will shut us down completly. If we are forced to shut down we certanly dont want to give him .com
This man is maliciously destroying our livelyhoods by doing this.
I appologise if im not being very clear, I appreciate any help you guys might be able to provide.