I have faced the same in the past. However I actually infringed upon someone's trademark on purpose. However this clearly isn't the case. This is a case of a sad pathetic desperate chancer trying his luck at thieving my brand.
C&D Notice On Domain Name Predating Trademark
I have faced the same in the past. However I actually infringed upon someone's trademark on purpose. However this clearly isn't the case. This is a case of a sad pathetic desperate chancer trying his luck at thieving my brand.
Was your domain ever parked or had contextual ads? If it was, they could prove that you were using their name to profit (if your website ever showed related ads). I would remove all Adsense and similar ads.
Also, make sure you are actually using the name and is not just a parked/for sale page. Also, different extensions have different laws.
Also, make sure you are actually using the name and is not just a parked/for sale page. Also, different extensions have different laws.
- May 17, 2018
- 937
- 1,339
I have no idea if British trademark law works the same way, but in the US a trademark is the combination of the brand and the industry/product. For example, 'Swift' is a trucking company, and a cigarette brand, and a clothing brand, and many others. These are all separate and unaffiliated companies, and because they're in different industries there's no grounds for dispute against the others.
In your case, you would only face issues if the trademark registration owner is also in the gambling industry, and even then he would have to prove prior use in commerce. If he refuses to back down, you could invalidate his trademark registration entirely on the grounds that you were the first using that name in the industry, and you could even sue him for the legal fees incurred from his infringement of your brand name.
In your case, you would only face issues if the trademark registration owner is also in the gambling industry, and even then he would have to prove prior use in commerce. If he refuses to back down, you could invalidate his trademark registration entirely on the grounds that you were the first using that name in the industry, and you could even sue him for the legal fees incurred from his infringement of your brand name.
Thats a difficult one.
Would you have the content before the trademark has been added there would be no questions about it.However since you said you added content after he made the trademark it's more complicated.
He can't take your domain away thats for sure but what he can do is asking to remove your content from that domain which violates his trademark (the registered niche of his trademark) if he can proof it has been added after his trademark.
Would you have the content before the trademark has been added there would be no questions about it.However since you said you added content after he made the trademark it's more complicated.
He can't take your domain away thats for sure but what he can do is asking to remove your content from that domain which violates his trademark (the registered niche of his trademark) if he can proof it has been added after his trademark.
1. They have no business related to the trademark.
2. They registered the trademark after I had purchased the domain.
3. They made an offer for my domain before they had registered their "trademark".
They clearly made the trademark to try and take my domain by force, when I would not sell it.
CryptoKujira
Power Member
- Dec 27, 2018
- 501
- 186
How did this play out?