Unbelieveable!

followyourbliss · 10-19-2007, 07:33 PM

The universe works in mysterious ways...

After my last thread, I was hoping I could stay clear of TM issues forever! But I just found out that someone has registered my (e-commerce) webstore domain with a one letter typo. Its a very discreet typo, and they could well be receiving my misspells.

Itstates in the WHO IS info to contact them directly if anyone has issue with the registration, providing trademark OR evidence of use of the common law trademark
in question. It appears that my site was registered more than a year before they registered theirs. So, is it advisable to contact them through WHOIS? Or is there another protocol that would be suggested? Figured I better ask after my faux pas of earlier this week.

Geeez....

Tanya

zach · 10-20-2007, 01:10 AM

Tanya,

Do you own the trademark for your domain? If you do, it would be easier...

Zach

mrs.tinsley · 10-20-2007, 01:20 AM

hey're probably trying to steal some of your thunder

followyourbliss · 10-20-2007, 02:25 PM

Quote:

Originally Posted by zach

Tanya,

Do you own the trademark for your domain? If you do, it would be easier...

Zach

No, I don't own the TM. So do I go ahead and contact them through the WHOIS; providing my initial registration of the correctly spelled domain? Hoping they'll just hand it over? Or is that a bad idea?

Thanks Zack....
Your opinion is valued.

Tanya

zach · 10-20-2007, 05:51 PM

Sure, I would go ahead and email them.

Be formal in your email. Contact him as a representative of your company, and not as an individual who registered a domain. Say that you are requesting that they hand over the infringing domain to you, or that you will be forced to contact an arbitration centre.

lol, its funny, you're always dealing with trademark cases, but this time on different sides of the argument.

Zach

berlinlife06 · 10-20-2007, 08:00 PM

If you have a registered TM as a website, and the other person as a misspeled version, then you both have the same right to have your own site using someone else's TM. If you contact them, then what if they contact the people owining the TM??? You might loose your site. Of course I'm not an expert!

SageMother · 10-20-2007, 10:14 PM

Writing them first would probably be your best bet. They might let go of the domain without problems if they haven't developed it yet.

tater03 · 10-21-2007, 06:52 PM

I would contact them like Zach stated above. I am not to sure on the legal aspects of this but I would think as long as the misspell is in the title that basically he is allowed to do that. Not sure though. I am still learning the ins and outs of all this.

Taggart · 10-21-2007, 10:26 PM

Don't people specifically misspell words as a way of avoiding legal problems?

I'd be very interested to hear how this turns out, and best of luck but are there any precedent setting cases similar to this?

Hurgoll · 10-21-2007, 11:06 PM

When do you go to the site is it a knock off of yours? Do they sell the same things or is it just a landing page? Like Zach said if they haven't done much work on it they most likely will not fight about it. Just sound like a company and not a person, they will think you have the time and money then to sue them.