Trademark infringement and domains

Subject: Re: Trademark infringement and domains

Comments:
: My company has just been served with a lawsuit concerning trademark infringement with our domain name(s). While one of the names could maybe construed as similar the other 6 are not. Here is an example not using the actual words. : An Ice Cream Man Near You : An Frosty Ice Cream Man For You : Are these deceptively similar? They are seeking an immeadiate injunction on the use of the domain names which would bring my company to a complete stand still being as we are an internet based company. The company suing us has yet to actually get their trademark. They applied in 04/01. In their applicaton it also states they do not have any specificity concerning the words "ice cream man" and "near". We applied for our trademark in 07/01 and we actually made the trademark look like a domain name including the .com whereas they are attempting to trademark just the phrase. Can they actually sue us without officially having the trademark? I did research in California and according the Lanaham Act injuctive relief concerning trademark infringement with a domain is not an option, neither are damages other than transfer of the domain name itself. I feel that this lawsuit is frivalous due to the fact that the similarity of the names is questionable and they don't actually have a trademark. Then there is this recent <a href="http://www.domainhandbook.com/dd3.html#strick>federal ruling concerning domain names and trademark infringement </a>

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any trademark or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.