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I owned the domain name long before they trademarked it

Discussion in 'Web Hosting' started by curphey, Jun 17, 2012.

  1. curphey

    curphey BANNED BANNED

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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.
     
  2. b1step-ahead

    b1step-ahead Power Member

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    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.
     
  3. curphey

    curphey BANNED BANNED

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    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?
     
  4. xDragonZ

    xDragonZ Newbie

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    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
     
  5. BlackxHat

    BlackxHat Power Member

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    damn that sucks. if b1step-ahead is right, just keep selling until they contact you about it then decide what to do.
     
  6. hamish11

    hamish11 Regular Member

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    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.
     
  7. curphey

    curphey BANNED BANNED

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

    curphey BANNED BANNED

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    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?
     
  9. 75INZ

    75INZ Regular Member

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    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?

    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.
     
  10. b1step-ahead

    b1step-ahead Power Member

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    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.
     
    • Thanks Thanks x 1
  11. BlackIrish

    BlackIrish Junior Member

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    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.).
     
  12. Tsmash

    Tsmash Regular Member

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    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.
     
  13. curphey

    curphey BANNED BANNED

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    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
     
  14. pmg2712

    pmg2712 Junior Member

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    I loved dis company just made money and i let it sit der and collect.. I am waiting fornthis time..
     
  15. Bwaht

    Bwaht Regular Member

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    Was it "ofwgkta"?
     
  16. curphey

    curphey BANNED BANNED

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    same genre but no. they have been trademarked for a while :)
     
  17. Seankearns

    Seankearns Jr. VIP Jr. VIP Premium Member

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    I guess 'yolo'
     
  18. curphey

    curphey BANNED BANNED

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    Haha better than that

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