4 ms·
Disclaimer: not a lawyer I think you're wasting your time. Odds are he owned it before you, they could claim they have been using it longer. Although from my
by ohashi 14y ago
Disclaimer: not a lawyer
I think you're wasting your time. Odds are he owned it before you, they could claim they have been using it longer. Although from my understanding they couldn't come after you unless they have a formal trademark registration. Furthermore, a trademark doesn't guarantee you exclusive use of a word in all regions and business categories.
By harassing the owner of the .com your FU multiplier is going up, so if you do become successful you will have to pay even more.
- trdmrkthrowaway 14y agoThanks for the tips. He has owned the domain before me, but I have the formal trademark. Both of us are US based. I understand I have to tread lightly. And if I ever do become successful, I will pay him what he wants for it, if reasonable. That being said, I am not trying to take his domain from him, I am just trying to protect my brand.
- ohashi 14y agoHe may have common law rights. I would talk to an IP lawyer and/or see if you can negotiate it down to something you would be willing to pay.
- onetwothreefour 14y agoNot a lawyer. There's nothing you can do because he got there first. "Formal trademark" means nothing because unless you've trademarked in every class and filed for it before he registered the domain, there's little you can do. Even if you came before, there's still little you can do without a significant amount of money. Talk to a lawyer if it's that big a deal, though.