Re: domain vs trademark

Subject: Re: Re: domain vs trademark

Comments:
: : This is the story of the Big Bad Woolf. : : I have this website that I made for the daughter of a friend of mine a few years ago, the domain is rockinsoccer.com. It's just a silly site with some pictures and links but she really likes it. : : I was recently contacted by a company called Woolf Associates who apparently registered the trademark "Rockin'Soccer" back in '98, before my site was up. It didn't occur to me to check the trademark registry cause it's just a little kids website. They have demanded that we sign the domain name over to them and threatened to sue us if we don't. : : I've been trying to do some research on my own before I consult a lawyer to try and determine if I should even bother. It sounds like all they would be able to do is prevent me from using the domain name, not actually establish any claim to the domain themselves. : : Any thoughts or suggestions would be much appreciated. : Dear Robyn, : The facts must be examined in detail. What class is there mark in and what use have they made of it. : My unreserched feeling is that you can stand pat. If they sue you, they may lose and it may not be impossible to recover defendant's attorney's fees. The lawyers may be scrutinized if they sue if there is no cause of action. : The big problem is that legal serveice don't come free and you may have legal costs to bear. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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