hi everybody
i haven't been here in a long while so hope all of you have had luck with every business venture you have gone into.i need some help, assistance, etc. with a domain name which a large company is wanting to take off me.
they say it is their trademark, when i have a pending trade mark application with ip australia and they have a application for the same thing with ip australia – deferred because my application is infront of them.
they are saying hand the domain and the ip pending application form over to them free of charge or else they will start legal action.
that is not what i want to do. does anybody know of any case similar to this? or direct me to somebody who can help? or give me some feedback or does anybody know somebody who can back me up financially if this went to court (for a percentage split once it's over).
the domain name in question is quite good – the company who wants it off me – the biggest in australia and one of the biggest worldwide.
any feedback, comments, etc. would be appreciated.
best regards
afghangirlLet them start legal action. I think they are just bluffing. If yours is ahead of their with IP then you should get the trademark.
The initial statement of claim from them will set out why they think they should have the name. Once you have read the statement of claim, decide whether you want to contest it and, if so, go and see a lawyer.
Cheers
K
if the domain is emex.com.au ( which I assume it is ) then you have no problems in keeping the domain.
That name is used all over the place, it can't be registered as a global trademark. If you get the trademark in Australia, then you can sell that plus the domain name for 50.000 easily if they are a big company.Don't be fooled by legal action. They have no legal grounds to stand on. The domain is yours, the name isn't registered, who cares what they want. On the other hand, if they REALLY want it, you might sell the domain name to them for 50.000 ?.. if they say no then apparently they're not really interested , and they won't press legal actions either ( since legal actions are crazy expensive ).
They couldnt possibly take this to court, they are just trying to bully you and im sure it works 9/10 times
Im in agreeance with every one. You were there first you have claim to it. Its not your fault that they were lazy. Is it?
ii everyone,
thanks for your feedbacks.
i can only wish the domain in question was emex.com.au – i would give it up in a heart beat. no problems.
unfortunately it is not.
i don't know if it would be wise mentioning the domain here but let me give you some facts on a hypothetical domain name – let's say it is NiceDay.com.au….
the facts (and a timeline) are:
1. 2003 – they have a trade mark in class 16 for "Nicer Day"
2. Early 2003 – they brought out a Newsletter called "Nicer Day"
3. Late 2003 – I registered the domain NiceDay.com.au (at this time i did not know there is a Newsletter called "Nicer Day")
4. Mid 2005 – I applied for Trade Mark in class 35 for Niceday.com.au
5. Mid 2006 – They registered their Domain "NicerDay.com.au"
6.Early 2007 – I launched my Website "NiceDay.com.au"
7. Late 2007 – They launched their Website "NicerDay.com.au"
8. Late 2007 – They offered to buy my domain for 10k
9. I refused (as i have spent a lot of money developing and working on it)
10. Early 2008 – They applied for Trade Mark of "Nicer Day" under class 35 (which is deffered as my application is ahead)
11. 3 weeks ago – they asked me to hand over my domain and pending trade mark application free of charge as they say i am breaking all these laws such as the trade mark law, misleading and deceptive conduct, etc.i hope you can shed some light on this for me. I have a lot of traffic on my domain because mine is the correct spelling and theirs is a mis-spelling of the words involved.
thanks
regards
afghangirlHello, you are pretty lucky because I just joined this forum regarding houses.
I`m into domains, in "our lingo" , I`m a domainer.
For the best advices you can get, I suggest you to have a look at DNForum.com where there are also lawyers specialised in domain cases from all over the world.
Usually it`s not the court where these things head, but something called WIPO and/or UDRP (just google the terms plus the keyword "domain" to find what they are).
If you need further help, send me a private message and I`ll try to help you.
Regards
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