Today I got on email from a company which has a trademark USA and other countries that uses my word, merged with "Net". So, I have Example.net and their business name/trademark is ExampleNet.
Which chances I have to keep Example.net?
Are there comparable cases, judgements (where net, org or com are parts of a trademark name)?
Thank you for your help!
Bersek
[edited by: Webwork at 2:49 pm (utc) on Mar. 1, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]
Just because a company holds the trademark does not give them the right to take your domain, if of course you are not trading off their brand ...
If they are making an offer then talk with them, if you are interested, if not ignore them..
And with all these situations proper legal advice is always advisory...
The claim smells bogus from a mile away, assuming your word is truly generic, widely used, etc.
You may have to consult with counsel but, based on your statement, I think you could have a case for reverse hijacking, which could lead to other claims - such as malicious abuse of process, etc.
Sit tight. Sounds a bit like bullying and posturing. When you have to - lawyer up - quickly. You might get a preliminary opinion from a domain lawyer and issue a "go jump off a clifff" letter to the company, mostly to firm up your reverse hijacking/abuse claim.
Could be a bargaining ploy but, at this point, the heck with bargaining. They may attempt to use anything you say against you.
