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Porthos

Junior Member
What is the name of your state? Massachusetts

I registered a web site domain name in Feb called Gamersasylum.net and have used it for my online gaming community. I had gamers-asylum.net before that.

I open my email today and I saw a letter from gamersasylum.com telling me that I've infringed on their trademark and that they demand that I immediately sign over gamersasylum.net to them. I believe they just recently trademarked that name.

I've never had this happen to me before so I don't know what I should do. I would like to keep the name but after being threatened with a law suit if I don't give it over to them I don't know if I have a leg to stand on so to say.

I've had the domain gamersasylum.net before they trademarked it... is there any grandfather clause here maybe?

I spoke to them over the phone and he offered to buy the name from me but I don't know how much it's worth so I don't know what to say to him. Like I said this is all very new to me.
 


davezan

Member
Porthos said:
I've had the domain gamersasylum.net before they trademarked it...
You sure about that?

http://www.iwhois.com/index.php?domain=gamersasylum&tld=net&lookup=Lookup&clean=1

Domain Name: GAMERSASYLUM.NET
Created on: 09-Feb-05
Expires on: 09-Feb-06
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78298859

Mark (words only): GAMERS ASYLUM GET COMMITED

Standard Character claim: No

Current Status: Opposition period completed, a Notice of Allowance has been issued.

Date of Status: 2005-03-29

Filing Date: 2003-09-10
If you really want to keep that name, you've got to somehow prove you never
used it in "bad faith". Examples are proving users aren't likely to confuse your
site with that of the trademark holder's or not making any hint of commercial
use whatsoever, but a real seasoned attorney can tell you better.

Otherwise, I seriously doubt you'll be able to keep it.

Porthos said:
I spoke to them over the phone and he offered to buy the name from me but I don't know how much it's worth so I don't know what to say to him. Like I said this is all very new to me.
It might be a good idea to accept his out-of-pocket offer (i.e. registering the
domain name). If you attempt to give a high figure without justifying it, you're
likely giving them more ammo to shoot you with.
 

Some Random Guy

Senior Member
Actually, if you make any offer to them to sell the name, they can try to use that against you as evidence that you registered in bad faith and are merely trying to profit on selling the name to the trademark owner. For example, they will offer to buy for $50 and you counter with $500. Then then take your offer to the WIPO to use against you.

This trick has been pulled many times before.
 

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