My State: AK
I received notice today that one of my domain names infringed on someone elses trademarked name.
This particular site does not get me much business and I honestly care nothing for it. However before going to any expense to take it down or do anything I looked into the matter:
The attorney emailed me then emailed a Cease and decist. Is it even normal to email a cease and decist? Seems unprofessional...
In his emails and C&D he claims his client owns a trademark and identifies it, and says mine infringes on it b/c mine has the words included in the domain, but mine also lists my city. He then provides a list from legal zoom that indicates a search relating to this mark was done to check for conflicting marks prior to registration. However the list and "exhibits" he provides do not identify his mark at all. For all I know it could be a search for things related to something else. Nothing provided states the search was related to the mark in question. Additionally the search is dated October, but this is May! By this time he should have a confirmation of filing or something better to send, not?
The lawyer refuses to send me the Trademark serial number. His response in 1 email was "we are in the process of filing".
If that was the case wouldn't he have a serial #?
Is there any reason he wouldn't provide it?
When I filed for my 2 businesses I got a serial # right away, and I used legal zoom too.
My marks also come up in searches on the TESS Site and have since filing, and they arent even all the way thru the process yet.
When I search his mark or any variation, nothing comes up, it says there is no mark.
In addition when I search for marks owned by his client, there are a few but not the one referenced.
I'm concerned I'm being bullied into turning over domain names, as they as I do so in 10 days.
I'm wanting to sit back until he provides the serial number or I see the mark on the us trademark site, but I also dont wanna be out legal fees for something like that. Don't wanna be bullied into giving up a domain I've had for over a year either, b/c he can buy it if he wants it I think.
Am I right to request serial number or some proof of his mark?
If he does file for one now can he stop me from using the domain name if I've had it in use this long?
(the other party lives out of state, does not operate in this state according to his site, i only use it locally)
I received notice today that one of my domain names infringed on someone elses trademarked name.
This particular site does not get me much business and I honestly care nothing for it. However before going to any expense to take it down or do anything I looked into the matter:
The attorney emailed me then emailed a Cease and decist. Is it even normal to email a cease and decist? Seems unprofessional...
In his emails and C&D he claims his client owns a trademark and identifies it, and says mine infringes on it b/c mine has the words included in the domain, but mine also lists my city. He then provides a list from legal zoom that indicates a search relating to this mark was done to check for conflicting marks prior to registration. However the list and "exhibits" he provides do not identify his mark at all. For all I know it could be a search for things related to something else. Nothing provided states the search was related to the mark in question. Additionally the search is dated October, but this is May! By this time he should have a confirmation of filing or something better to send, not?
The lawyer refuses to send me the Trademark serial number. His response in 1 email was "we are in the process of filing".
If that was the case wouldn't he have a serial #?
Is there any reason he wouldn't provide it?
When I filed for my 2 businesses I got a serial # right away, and I used legal zoom too.
My marks also come up in searches on the TESS Site and have since filing, and they arent even all the way thru the process yet.
When I search his mark or any variation, nothing comes up, it says there is no mark.
In addition when I search for marks owned by his client, there are a few but not the one referenced.
I'm concerned I'm being bullied into turning over domain names, as they as I do so in 10 days.
I'm wanting to sit back until he provides the serial number or I see the mark on the us trademark site, but I also dont wanna be out legal fees for something like that. Don't wanna be bullied into giving up a domain I've had for over a year either, b/c he can buy it if he wants it I think.
Am I right to request serial number or some proof of his mark?
If he does file for one now can he stop me from using the domain name if I've had it in use this long?
(the other party lives out of state, does not operate in this state according to his site, i only use it locally)
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