domain name/trademark

[kaigler]

I own a domain name (edentification.com) that was purchased 2/99. I am being talked to by an attorney representing someone that owns what the say is a trademark (e-dentification) to the domain name I own. They registered this trademark as soon as they purchased their domain name e-dentification.com in 9/98.

I have used this domain name to create an llc in texas which I registered in 5/99. I have purchased insurance, setup a bank account, and done some business under the name.

They have asked me to stop using the name which I have and now they want me to relinquish the domain name to them for $35.

When I was contacted by them I got the domain name appraised and it appraised for about $3500.

what should I do?

 

[Tracey]

They're nuts. They'd have to pay more just to register it new. They could have registered both versions of the domain name before you registered your name. They didn't. Are your sites similar? Do the 2 offers the same services? Theirs sounds like a dental work financing site to me.

A trademark is specific to a geographic region (the US if federally registered) & type of business. No one thinks A-1 steak sauce & A-1 Towing are the same company.

Consult with a trademark & internet attorney. This area of law changes quickly. One factor is whether you're actually using your domain name or are just viewed as a squatter.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[ALawyer]

This is tricky. The matter is one fraught with uncertainty and litigation potential, and the new WIPO arbitration makes some of this a wild card.

Usually the second one in with a domain name is a squatter. You say you "purchased it" in 2/99 -- from another firm or person or from a registrar like Network Solutions? Who registered their domain name first, you (or the person you bought it from) or them?

There are a lot of people who came in late and used a e- or i- and are now squatting. But are you sure you are not a squatter?

When did they start using the name in commerce? When in the course of events was the trademark applied for and when was it issued? By the Federal government? In what field is it issued? Did you use it in commerce? Apply for registraton?

Somehow the name does not strike me as very valuable regardless of the appraisal and $3500 is not a lot of money and a lawsuit would cost you (and them) much more. Also, domain name values have fallen big time since April. If you are second man out, and have really not used it, or built good will in it or your business plan around it, and you have no real traffic, it could be cheaper to get another name which you should use and try to trademark, change the name of the LLC, use it as a forwarding site for 6 ,months and get them to pay for that.

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