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

Subject: Re: Re: 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. : : C'mon, I'm not talking about technical definitions. If you picked a URL based on a corporate trade name, it looks to me as if you were poaching. : : 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® : That's my point the "corporate trade name " didn't exist until 1 month after I sent their Sr. VP an email pitching the idea in order to sell the domain name and/or partner with them on the use of the name. Moreover I bought the URL 1 month before I sent the email to said company. So considering the fact that I sent them an email (with the idea in its current use) and the chronology of the URL and registering of the mark, I would say they stole my idea!

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