Abandoned trademark and domain name - help

Subject: Re: Abandoned trademark and domain name - help

Comments:
: This is complicated. : In 2001 we filed an intent-to-use application for a trademark in "ice cream" that was previously used by a large company. The large company stopped selling "ice cream" using the trademark in 1995. Our application was not opposed and the notice of allowance has issued. The large company has even told us it won't use the abandoned trademark again. : The large company continues to own a domain name (originally registered in 1996) that is identical to the abandoned trademark that we have now registered, and the large company won't give it up to us. : When a user types in the domain name, it just automatically defaults to the large company's homepage with no references at all to the trademark it abandoned. The large company wants its "old customers" from 10 years ago to type in the name and find its web page. : If we start using our ice cream product, a consumer that likes it could type in the brand name using the ".com" designation, and it will point to the wrong company! Automatic confusion. : Can I use the ACPA to get the large company to stop using the domain name that is identical to our pending trademark? Does "bad faith" have to only be on registration? Can this large company stop us from using the trademark because of this domain name?

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.