Claims of trademark without proof

[kam2051]

What is the name of your state? N. Carolina

My husband has had a domain name for almost 4 years. He doesn't really use it, but likes the name and has kept it.

He got an email from someone using an aol account claiming they have rights to the name. We've checked the trademarks library, and there was an application that was abandoned for the name in 1998. None in process. This is on the US Gov's website.

Without proof, does it seem like a simple case of domain stealing?

Also, if she eventually gets the trademark, would we have to give up the domain name even if we owned it 4 years prior to the trademark being issued?

 

[JETX]

What is the name?? If it is a common tradename, the owner of that name can claim that you are a 'cybersquatter' and force you to release the domain.

See the following sites:
http://www.keytlaw.com/urls/c&d.htm
http://www.gigalaw.com/articles/2000/isenberg-2000-11a.html
http://www.ecommercetimes.com/perl/story/3008.html
http://www.newsfactor.com/perl/story/4681.html

If your question concerns their claim of ownership, contact them and ask them to forward proof of their registration.

 

[kam2051]

Thank you for the information! It doesn't appear to be a common tradename (you mean like Coca Cola, correct?). We can't even find the business in a phone number directory in the place this person is supposedly doing business. I'll look at this information.