Re: Re: URL ownership prior to trademark registration

Subject: Re: Re: Re: URL ownership prior to trademark registration

Comments:
: : : Approximately one month after I registered a domain name I sent an email to an officer of a large corporation offering to sell the name and/or partner with them in a business using the name. Approximately one month after that the corporation, through a subsidiary, registered the name as trademark. They are currently using the name to generate substantial income from subsidiary. Does anybody think my case is actionable. : : Dear Tom, : : Without taking professional responsibility, it would not seem that what has been done is actionable. I question whether nor not you might be cybersquatting? : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 718-548-0592, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : At first glance it seems like cybersquatting, but doesn't the anti-cybersquatting law state that the mark must be distinctive and/or famous at the time of the domain registration. The URL was registered by me in 2000. Two months later the mark was registered and not put in use for another 7 months. It seems to me that such a large corp. would research ownership and availability of similar URL's before trademarking the name of such a large project, considering the company owns approx. 17,000 URL's.

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