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[Steve M.]

I'm not sure if this is the correct forum to ask this question or not. Perhaps it belongs in the domain section. Please let me know if that is the case and I will also post it there if I should.

I would really appreciate help with this problem.

A few days ago I registered an expired domain name at one of the places that acquires names for you the minute they are released after being on hold for a while. Myself and three other people bid on the name. I won the auction.

Previous to bidding, I did trademark searches at these two places:
http://tess2.uspto.gov/

and also at:
http://www.nameprotect.com

Both searchs seem to get their info from the uspto website. Also, in both cases this is what the status of the domain name trademark was listed as:

Current Status: Abandoned: No Statement of Use filed after Notice of Allowance was issued.

It was also listed as "Dead".

So, I thought the domain was safe to purchase. From what I can see, there has not been any website on this domain since about Feb/03.

Now, a couple of days after I purchase it, the previous owners of the domain, who haven't used it in about a year, are saying they have a trademark for it and that they will challenge my registration and use of this domain. They used to have a corporation that was named the same name as the domain, but they discontinued it. Back then they transferred the rights to the domain to their present corporation, which is not the same name as the domain. And they stopped using the website and domain.

This is a Billion dollar company and I am one person. Does it sound like I have a chance of keeping the domain? Am I necessarilly going to be drawn into a costly legal battle? Can I just sit on the sidelines and wait for WIPO to make a decision on this, without spending any money? Or am I going to have to hire a lawyer.

I want to put up a website, of my own design, that is related to the domain name, so I'm not just hijacking the name.

Does it make sense in this case to just bow to the desires of this big comany and offer to sell it back to them for the cost of what I just paid for it? Is this the only action that will not cost me any additional money?

I would greatly appreciate your input in this matter.

Thanks very much,

Steve M.

[M. Arthur Auslander]

Dear Steve M,

Domain names and trademarks are treated differently under the law.

I believe domain names may be able to be hoarded. There is more legal discipline with trademarks.