trademark, domain-nameI’ve registred domain name for my future startup with following intentions to sign it’s name up as trademark. But there already exists identical trademark, fortunately for another industries and market.
Now I’m interested about my rights on the domain:
Who will win? Notice, we are both the same trademark holders at the different industries and market.
Do I have full rights on my domain in this case?
Your case seems sane and solid, but IANAL so I’d advise you to speak to an IP attorney ASAP.
He’ll probably argue that:
You’ll probably argue that:
The onus is on him to prove your bad faith, and the rub lies in that he took three years to bother registering his domain and discover you even existed. That is to say: he didn’t defend his trademark, and he weakens it by not doing so. (That’s why Google and Microsoft are so aggressive with domains that contain their name in it.)
Do not offer to sell the domain. Let such an offer come from him, and proceed with care with the help of an attorney if you’re potentially interested, else he may get to say you’re a cybersquatter.
Again, IANAL. My familiarity is mostly in French/EU/International law, and to say my familiarity with law is rusty would be an understatement. So get proper legal advice.
And aside: secure key social network accounts and pages before he does, since he’s every bit as entitled to them as you are.
If you’ve registered the trademark, I would set your site up asap, wipo/udrp requires 3 steps to formulate against you if I am correct, thus, with your business in place and if I’m reading you correctly? your site/products will not be similar to the the other TM, however, saying that, I’m not familiar with your products?
I will give you a very helpful link tomorrow.
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