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+ - Legal action to steal my domain? What do I do? 7

Submitted by shovas
shovas (1605685) writes "I own a valuable four-letter .com domain. Another US company is threatening legal action to take it out from under me because they have a US trademark. I registered the domain in 2003. They registered their own related domain in 2005. When you search for the company's name on google, you actually get a few different companies with the same four-letters in their name. I think my case is pretty good but we all know how those domain disputes turn out. It always seem to be in favour of the complainant. I'm really worried I'll lose my domain I was smart enough to register when I did. I don't have the money to throw away to defend it. What can I do?"
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Legal action to steal my domain? What do I do?

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  • Calculate what this domain is going to make you in the next year or so, adjust for inflation, add the cost of a vaction for the family on the end and include what the tax man is going to take from the sale. Enjoy pseudo-retirement for a few months then start up somewhere else, rinse and repeat. Corporate lawyers are expensive, so expensive in fact that any reasonable company will offer to buy you out because it is likely less then the potential fees they will incur.

    I only say this because based on the near

    • by shovas (1605685)

      This company does have a real, physical presence in the US. I'm from Canada which makes me even more worried I'll just get pushed over by some US court or ICANN or whoever.

      Definitely wasn't imitating the company. I didn't even know they existed. The domain is a short-form for a longer domain I also own. Nobody cares about the longer domain, just the short one.

      I don't think this company is a scammer company. They seem like a proper operational business. It's just that I had this domain way before they even c

      • by Etylowy (1283284)

        Trademarks have a limited scope in terms of geography and product/service range that is trademarked, so:
        1. If the trademark is not registered also in Canada and you are not conducting business in US related to/using the domain you can tell them to bugger off.
        2. Unless you are using this domain in relation to any business which is in direct competition to the company in question you can tell them to bugger off.
        3. As you have written in one of the comments below you have a legitimate reason to own the domain

  • I am not a lawyer. From what I do know, Trademark works by precedence. Did you use it in commerce at all? What date did you actually use it in commerce? Is their commerce trademark related in any way to what you use it for? They have no automatic way to force you to give it up or to sell it. You may decide to sell it to them, but they have to pay whatever agreement you come to. Contact me if you can't find any other information and I'll ask my lawyer some questions. Don't give up and don't let them scare yo
    • by shovas (1605685)

      Thanks for the advice. I've been googling but I don't know how to google for what I need in this case. "Domain protection" comes back with protecting whois data, etc.

      If your friend has any websites I can visit I'd really appreciate seeing them. I was wondering about contacting the FSF but I'm not sure they would want to deal with a small case like this.

      Here's the thing, I bought the domain as an acronym short-from of a longer domain I also own. Nobody cares about the longer domain, just the shorter one. So

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