tinman2010
Junior Member
I would like to ask anyone's opinion of a very disturbing issue I have. The company names below are all fictional.
ABC financial Inc registered and owned OhioRealty.com as an internet domain and advertised OhioRealty.comas a brand name since 1998. OhioRealty.com is not a famous company, but they are owned by a big financial comany. They did not register either "Ohio Realty" or OhioRealty.com as a mark before I registered my company named as "Best Ohio Realty, LLC" and obtained the internet domain BestOhioRealty.com in 2003. ABC financial Inc then registered OhioRealty.com(R) as trademark in UPSTO in 2009 and their attorney sent us a letter last week saying that they are the only one authorized to use the mark and my domain and company name may confuse consumers. They demanded us to cease operation my company by the name of "Best Ohio Realty" or similar name and internet domain BestOhioRealty.com, otherwise they will file a lawsuit against my company for tradmark infringement and unfair competition.
As we know internet domains are first come first serve. In trademark law, can a later registered domain-name-like trademark make other similar domains infringing? How an already established company protects its name from a later registered trademark? Should I hire an attorney to proceed with the lawsuit? As a small business owner, I can barely afford the fee and damages they demanded if we lose the case in court. I really appreciate some one can point me a right direction.
ABC financial Inc registered and owned OhioRealty.com as an internet domain and advertised OhioRealty.comas a brand name since 1998. OhioRealty.com is not a famous company, but they are owned by a big financial comany. They did not register either "Ohio Realty" or OhioRealty.com as a mark before I registered my company named as "Best Ohio Realty, LLC" and obtained the internet domain BestOhioRealty.com in 2003. ABC financial Inc then registered OhioRealty.com(R) as trademark in UPSTO in 2009 and their attorney sent us a letter last week saying that they are the only one authorized to use the mark and my domain and company name may confuse consumers. They demanded us to cease operation my company by the name of "Best Ohio Realty" or similar name and internet domain BestOhioRealty.com, otherwise they will file a lawsuit against my company for tradmark infringement and unfair competition.
As we know internet domains are first come first serve. In trademark law, can a later registered domain-name-like trademark make other similar domains infringing? How an already established company protects its name from a later registered trademark? Should I hire an attorney to proceed with the lawsuit? As a small business owner, I can barely afford the fee and damages they demanded if we lose the case in court. I really appreciate some one can point me a right direction.
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