Trademark infringement?

[honeyglow]

I just registered my trademark name for my informational blog/forum, there's another site online that has to .co.uk of my .com name which is now my pending trademark registration, they bought the domain many months after I did, what now can I do to get them to stop using my domain name? The only thing that is on the page is a redirect to another domain of their's but I know they are doing this to leech off of my popularity because their site is very much similar to mine, same niche as well. Also, I am going to study as much as I can now on trademark law because now someone else is defaming/spreading lies about me on a copycat site and using my TM name in their meta and alt tags and I would like to get them to stop. Now what are my rights? Or what will be my rights as soon as the trademark has been registered? I would like to get them to stop doing this and using my name. Thanks for any assistance and I will start studying too!

Do I first contact those that are infringing and ask that they stop?

 

[FlyingRon]

Enforcing things international is going to be more difficult and beyond the scope of this forum.

Have you been using the mark in commerce?

Just because you registered a domain doesn't give you exclusivity on anybody else using the domain in other top levels.

 

[honeyglow]

Well- I just submitted the name to the trademark office once it's registered can I ? it's my TM name in their .co.uk. Yes, it;s been used in commerce since May 2009.

 

[FlyingRon]

Well- I just submitted the name to the trademark office once it's registered can I ? it's my TM name in their .co.uk. Yes, it;s been used in commerce since May 2009.

Can you what?

You can always send a cease and desist letter.
They are free to ignore you.

Then what?

 

[honeyglow]

FlyingRon: Well-Do I have legal rights to my name once it has been trademarked so that I can sue someone for infringement if they have a .co.uk of my name? I can send a C&D and if they don't respond, can't I take it to court since I will have registered TM rights. They bought the .co.uk after I bought my .com to copy my site and do I have rights to stop someone who 1. stole my forum members, 2. lied about me and is working on a site to "expose" me when there is nothing to expose and is 3. using my site name in his meta and alt tags for his source code on his brand new copycat forum? Thanks

 

[justalayman]

have you read the process concerning obtaining a TM? You are only at step 1.

 

[FlyingRon]

He's at step 1 in REGISTERING a trademark.
Hopefully he has trademark rights because he's not going beyond step 1 if he hasn't used the mark in commerce.

Today you could send a letter asserting your trademark rights and telling them to stop.

Chances are it won't do any good.

After that, you may indeed wish to wait until the registration completes, but even then suing a foreign entity isn't going to be easy and IS BEYOND THE SCOPE OF THIS US LAW FORUM.

 

[The Occultist]

If you wish to sue this British based company, you would need to do so in Britain using Britain's court system, and thus, Britain's law. Seeing as how this website deals specifically with US law, I'm afraid that we cannot really help you.