my domain name is now trademared by somebody

Hi guys,
I have one domain which i have been using since two years. Now some company has registered that name as treadmark and now he is asking me to transfer the domain to him. What should i do. Should i do it or i can ask for money? If yes then how much.

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sohnee

Hey,
I posted in the hosting forum...

ASK FOR LOTSA MONEY!!! Dont just give up the domain, that would not be smart.

Consult with an attorney. A public message forum is no substitute for professional legal advice. Depending on what the trademark is for, you may in fact have every right to retain the domain. Such a right would allow you to name your price, which could be excessive (e.g. you might be able to pay off your mortgage in full). The fact that your site was active prior to the trademark registration is also in your favor. Finally, you should verify that the trademark is really registered. If it is pending, file a trademark claim yourself. Etc. A lawyer will be most useful.

Thanks for ur advice, but i dont want to go legal at all. It's is such a headacha and i don;t wanna spend money in that. If u can guide me how to communicate. It will be great help.

Regards

Hi guys,
I have one domain which i have been using since two years. Now some company has registered that name as treadmark and now he is asking me to transfer the domain to him.I m from India and trademark owner is from USA. He just registered on 31 aug. 2004. and i registered that website on 2002.
What should i do. Should i do it or i can ask for money? If yes then how much.
Now i have to answer their trademark company-from whom i got letter. What shuld i write.

You should be able to ask for money in that case, best idea would be to ask your attorney or lawyer. I'm sure they'd be able to help!

Good luck!

It sounds to me like you're in luck.. its a good thing that you're the rightful (as long as you have a real use for it, you didn't just buy it for the sake of it) legal owner with the prior claim over a name that someone else really wants!

A US trademark owner would have no rights over a foreign owner; in addition, the domain was in use prior to this trademark being issued. You would not need to give up your domain name. I would suggest that you consider filing for an international trademark with the World Intellectual Property Organization www.wipo.int to secure international rights to your name.

Cheers,

Pete Howell
Mecca Hosting - Fast. Reliable. Secure.

wphowell pretty much covered it.

But you said you don't want to get into the legal area of this.

Bottom line is that if you can prove that the domain was registered and active prior to the US filling, you have every right to retain it.

You should make the best of it and ask for an offer on their side. You also have the advantage of not being a US citizen.

My advice to you is: get an offer, make the transaction and you'll be happy. Less hassle, more money.

Last I checked, India is one of several countries that doesn't adhere to international copyright law.