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Re: Re: Re: Re: Re: URL ownership prior to trademark registration[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on March 18, 2003 at 17:44:49: In Reply to: Re: Re: Re: Re: URL ownership prior to trademark registration posted by Tom on March 17, 2003 at 12:05:57: : : : : : 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, : : : : M. Arthur Auslander : : : 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 : 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! Dear Tom, From what you say, if we had been consulted before you contacted them, we probably would recommended that you go through our Reality Check® before sending the letter. M. Arthur Auslander
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