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  Post #1 (permalink)   10-30-2008, 02:25 PM
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I have just registered for a trademark for my business and now want to use that name for my domain. I noticed that some domain name squatter has that exact name with the .com extension. I've tried contacting them through nameview and they haven't replied to any of my inquiries ( I was contacting them to purchase it not to file a legal complaint).

Anyways, now since they haven't contacted me, I'm wondering if I have a legal case? They did have the domain before I registered my trademark, but I am the one that is actively using that name for my business, not just holding onto a domain like they are.

Any advice would be appreciated. Thanks!
 
 
 


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  Post #2 (permalink)   10-30-2008, 02:33 PM
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I doubt you have any legal ground to stand on.
They have the domain and it pre-dates your trademark.
Why should they have to give it up?

Unless your company name is common to the point that everyone would assume it is you then you don't have much to go on.
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  Post #3 (permalink)   10-30-2008, 02:48 PM
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I was looking at the policy that Wordpress has at http://wordpress.org/about/domains/ see bolded text below. My name is not known to everyone yet, but this is just a domain name squatter with a bunch of random links on their page. Its just confusing as I am using it for legitimate business purposes and they aren't.


"For various reasons related to our WordPress trademark, we ask if you're going to start a site about WordPress or related to it that you not use "WordPress" in the domain name. Try using "wp" instead, or another variation. We're not lawyers, but very good ones tell us we have to do this to preserve our trademark. Also many users have told us they find it confusing.

If you already have a domain with "WordPress" in it, redirecting it to the "wp" equivalent is fine, just as long as the main one users see and you promote doesn't contain "WordPress."

"WordPress" in sub-domains is fine, like wordpress.example.com, we're just concerned about top-level domains.

We've told this to anyone who has ever asked us, we just wanted to make it public so more people could be aware of this policy."
 
 
 


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  Post #4 (permalink)   10-30-2008, 02:52 PM
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As a follow-up q:

What if they sell it to another person? Then my trademark would probably hold some weight as a new person bought the domain I would probably have a case would I not?

Where does the trademark have to be registered for .com domains? In the US? Or is Canada fine?

Thanks for your help!
 
 
 


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  Post #5 (permalink)   10-30-2008, 06:59 PM
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You went through all this trouble and spent money getting trademark registered.
I suggest contacting a trademark lawyer and asking him what your chances are and what are the ways you can get it back.
 
 
 


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  Post #6 (permalink)   12-12-2008, 05:07 PM
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No no idea if you have to right to takeover the domain. I suggest consulting with markmonitor.com
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  Post #7 (permalink)   12-13-2008, 01:24 PM
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Honestly, knowing that you want the domain badly. If they do plan on selling it to you, be prepared to pay a hefty amount.
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