Trademark Question...

[MyMaineToday]

What is the name of your state (only U.S. law)? State is Maine

So recently I have been harassed by another business, to the point that they contacted my hosting provider claiming I am infringing on their trademark with my domain name (which mind you have NOTHING on it right now.) Their domain is XXXToday.com They do have a trademark on the term "Maine Today" http://tmsearch.uspto.gov/bin/gate.exe?f=doc&state=4802:a9vtky.2.9 They state that they have a Trademark on XXXToday.com as well, though I can't find anything.

My domain is MyXXXToday.com Again the domain is currently blank...

Do they have any substance to their trademark violation claim?

We have been planning to launch a site on this domain, with an expect launch date of Feb 25th. But need to know if we need to change directions on this matter.

Any info would be extremely helpful.

 

[quincy]

What is the name of your state (only U.S. law)? State is Maine

So recently I have been harassed by another business, to the point that they contacted my hosting provider claiming I am infringing on their trademark with my domain name (which mind you have NOTHING on it right now.) Their domain is XXXXXToday.com They do have a trademark on the term "XXXXX Today" ... They state that they have a Trademark on XXXXXToday.com as well, though I can't find anything.

My domain is MyXXXXXToday.com Again the domain is currently blank...

Do they have any substance to their trademark violation claim?

We have been planning to launch a site on this domain, with an expect launch date of Feb 25th. But need to know if we need to change directions on this matter.

Any info would be extremely helpful.

I think your domain name could direct consumers to your site and away from the site with the registered trademark. I see how your domain name could confuse consumers into thinking your site was connected in some way with the other site. I also see that your site intends to have content that could overlap with the content on the other site, which increases the likelihood of consumer confusion.

In other words, I see that the other site's claim of infringement has some substance.

The registration of a trademark alone does not necessarily prohibit others from using the same name as a domain name address. It depends on the facts. Domain address names that use another's trademark can be wrested away from the user if it can be shown to have been registered in bad faith (with the intent of trading off the trademark holder's reputation or with the intent of selling it to the trademark holder at an inflated price). And domain names can infringe on trademark rights in the same way anyone's use of another's trademark can infringe (by confusing consumers, by diluting the value of a well-known mark).

Although you can review all facts with an attorney in your area, and you should review all facts with an attorney if you wish to keep using the name you are currently using for your site, changing directions and choosing a new domain name/website name would be smart, if you do not want to risk being sued for infringement over your use of the same/similar name.

Good luck.