I owned the domain name long before they trademarked it

curphey

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I have owned this particular domain almost a year now. It has the direct term in it that was trademarked on 6/4/12. What now? This was super valuable.... to ME at least. :) I assume I have no rights and they can take it at any time. Any one know any laws on this? I need some guidance.
 
first one to trademark something wins. I would learn and move on. If this term brings in more than 4k a month then hire a lawyer and prepare for 20 or months of litigation.
 
This term brings in a lot more than 4k per month. I sell clothing with the term on it. There are a couple other sites who do as well. It was like a secret gold mine. Should I keep selling?
 
just worry that they will take you to lawyer and you will lose more money , unless they are small company they don't bother the domain
 
damn that sucks. if b1step-ahead is right, just keep selling until they contact you about it then decide what to do.
 
Actually it is a grey area. If you can prove first business use, you have a shot at taking the trademark from them. Problem is, you would be looking at some legal fees. I would at least try to get a free 30 consultation with an attorney and get their opinion.
 
The person who created the term nominated for two grammys last year. He has the cash. Im doomed.
 
I guess I run the business until I get my cease and desist? Is that a requirement or can they just hit me with the lawsuit?
 
In this day an age where a billion and one laws exist to simply TAKE things from other people (as well as PROTECT people) you'd think that a gold mine as large as what you say it is, would warrant some protection, right? Well sounds like you messed up big time buddy.

You wouldn't leave your Ferrari running in the drive way, doors wide open for anyone to take, would you?

The person who created the term nominated for two grammys last year. He has the cash. Im doomed.

Makes me think that maybe you were profititing off of someones name, or product or something along those lines. In that case, you're screwed. I mean, you were screwed beforehand but now your doubly screwed.
 
This happens in the music biz everyday. Trademarking sucks, look at kiss. Whats his name the singer trademarks 10 things a day for sport. Anything with kiss on it he owns. Make a play, they may want the website for bucks, or they do the old c&d. You mentioned grammy winner, well the artist are pretty stupid when it comes to this stuff, there agents who are lawyers are not. Find a patent/trademark attorney get a estimate offer to cut them in if they can win. If you incorporated the business like a llc you might have a fighting chance, since thats a legally recognized name. Your domain registration might work, but this how a lawyer makes money, they know the little ins and outs like us that know the ins and outs of internet marketing. Don't give up, but be smart.
 
Your post is kind of confusing.

This grammy nominee, did he trademark a clothing line with his name? Something else (did then contact you?)? I agree that what you were doing is at best a legal gray area, but depending on what they trademarked, and how much you earn and are willing to part with, you could potentially work out some sort of deal (split revenue, etc.).
 
Even if you had it trademarked first, they would take it from you anyway by tying you up in litigation until you succumbed and just gave them what they wanted. Anyone with 1000000 X more money than you can take anything they want.
 
I wasn't profiting off of his name. More of profiting off of the crew name he referred to in most of his songs. Something his fan base latched onto heavily. It is what it is. The company just made money and I let it sit there and collect. Everything was outsourced. I guess its on to the next one. I really appreciate everyone's advice. Thats what makes BHW great. You tell me how it is lol
 
I loved dis company just made money and i let it sit der and collect.. I am waiting fornthis time..
 
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