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My domain mane match trademark od top USA insurance company

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maxipoint

Junior Member
I just got letter from the attorney from one of top U.S. insurance firms that my domain name match their trademark name.

I am the owner of small U.S. company, but I am not USA citizen.

As I hear as long as I can prove that I am using the domain for a legitimate and purposeful reason, and do not to gain reputation off their name, I can legally keep the domain. I hear about Verisign's dispute pages go in my favor. That's "thin" positive detail that I am found alone on the web.

And I am do nothing in bad faith. Domain is still not active on the Internet, I was plan use domain for my farming management software.


I know that I can quickly lose domain from the company like that. "At the end of a story," I am accepted to sell the domain, but I don't wish to ask that first one.

Any advice here?

I am looking for the lawyer for advice and someone who is interested in representing me and getting percentage of the deal if we sell domain to them, too
 


quincy

Senior Member
I just got letter from the attorney from one of top U.S. insurance firms that my domain name match their trademark name.

I am the owner of small U.S. company, but I am not USA citizen.

As I hear as long as I can prove that I am using the domain for a legitimate and purposeful reason, and do not to gain reputation off their name, I can legally keep the domain. I hear about Verisign's dispute pages go in my favor. That's "thin" positive detail that I am found alone on the web.

And I am do nothing in bad faith. Domain is still not active on the Internet, I was plan use domain for my farming management software.


I know that I can quickly lose domain from the company like that. "At the end of a story," I am accepted to sell the domain, but I don't wish to ask that first one.

Any advice here?

I am looking for the lawyer for advice and someone who is interested in representing me and getting percentage of the deal if we sell domain to them, too
If your domain name uses a trademark in the address and the use of the trademark causes consumer confusion (e.g., directs traffic away from the trademark holder's site or creates the impression that your site is affiliated with the trademark holder), the trademark holder can move to prevent your use of the domain name and/or possibly gain rights to the domain name.

That you are using the name for a "legitimate and purposeful reason" is under most circumstances not a defense to trademark infringement.

You potentially could have a right to use the same name as a registered trademark for a business unrelated to the business owning the trademark (several businesses share a name), but if the insurance company that contacted you is a famous one that is easily recognized by the public, the odds of you facing what could be a costly trademark challenge are great.

If you are currently not using the domain name, it is best if you find a domain name that does not contain another's trademark, especially a domain name that has already attracted the attention of a trademark holder.

Although you can offer to sell the name to the insurance company, you should not expect to profit from the sale.

It is smart that you intend to have facts personally reviewed by a lawyer in your area. We do not provide personal legal services on this forum or provide referrals. Sorry.

Good luck.
 
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