Comments on: When a rival comes after your Web site domain http://smallbusiness.blogs.cnnmoney.cnn.com/2009/01/13/when-a-rival-comes-after-your-web-site-domain/ Editors from FSB magazine answer your pressing small-business questions. Tue, 15 Dec 2009 12:52:55 +0000 http://wordpress.com/ hourly 1 By: Sam, Los Alamos, New Mexico http://smallbusiness.blogs.cnnmoney.cnn.com/2009/01/13/when-a-rival-comes-after-your-web-site-domain/#comment-1449 Sam, Los Alamos, New Mexico Sun, 25 Jan 2009 03:17:44 +0000 http://askfsb.blogs.fsb.cnn.com/?p=870#comment-1449 Adam, This is exactly what happened to me. My domain name/url, we'll use example.com for example, has been registered and in use since 2001. In 2007 some members of the site's community got in a disagreement with the authority and ownership of the domain name, they then bought a second level domain name, example.ca and registered a trademark with the words that make up my url, Example. I have ads on my site and their now claiming their going to sue me. I will eventually(ASAP) need this trademark as I actually plan to use it in my trade and business. Example.ca does not sell any goods or services, they are simply a blog/forum and have registered the example trademark under the type of Service Mark. Is a mere forum/blog a service? I really need some input on this guys. I do not have money, and do not wish to waste time in court. Is there any policy which might cancel or transfer their trademark to me in the argument that the opposing party acted in bad faith? I have many emails and messages from them demonstrating their immature behavior and language they have used when discussing the matter. Adam,
This is exactly what happened to me. My domain name/url, we'll use example.com for example, has been registered and in use since 2001. In 2007 some members of the site's community got in a disagreement with the authority and ownership of the domain name, they then bought a second level domain name, example.ca and registered a trademark with the words that make up my url, Example. I have ads on my site and their now claiming their going to sue me.

I will eventually(ASAP) need this trademark as I actually plan to use it in my trade and business. Example.ca does not sell any goods or services, they are simply a blog/forum and have registered the example trademark under the type of Service Mark. Is a mere forum/blog a service?

I really need some input on this guys. I do not have money, and do not wish to waste time in court. Is there any policy which might cancel or transfer their trademark to me in the argument that the opposing party acted in bad faith? I have many emails and messages from them demonstrating their immature behavior and language they have used when discussing the matter.

]]> By: Tom, NY, NY http://smallbusiness.blogs.cnnmoney.cnn.com/2009/01/13/when-a-rival-comes-after-your-web-site-domain/#comment-1428 Tom, NY, NY Fri, 16 Jan 2009 23:38:32 +0000 http://askfsb.blogs.fsb.cnn.com/?p=870#comment-1428 You should be able to invalidate their trademark IF you were using it for your product before they were using it for theirs. After all, if they were using your domain name for their product why didn't they buy it before you did? It soulds like you're the prior art. You should be able to invalidate their trademark IF you were using it for your product before they were using it for theirs. After all, if they were using your domain name for their product why didn't they buy it before you did? It soulds like you're the prior art.

]]> By: Adam, Cedar Falls, IA http://smallbusiness.blogs.cnnmoney.cnn.com/2009/01/13/when-a-rival-comes-after-your-web-site-domain/#comment-1423 Adam, Cedar Falls, IA Fri, 16 Jan 2009 19:08:13 +0000 http://askfsb.blogs.fsb.cnn.com/?p=870#comment-1423 Sometimes people will register a trademark they haven't previously been using but someone else already has the domain for then try to use this as a reason to take the domain. If this is the case, then you still have the right to the domain because you were using it first even though you didn't actually register the trademark. Otherwise domain theifs could register a trademark for any domain they want in order to take it from their owners. Sometimes people will register a trademark they haven't previously been using but someone else already has the domain for then try to use this as a reason to take the domain. If this is the case, then you still have the right to the domain because you were using it first even though you didn't actually register the trademark. Otherwise domain theifs could register a trademark for any domain they want in order to take it from their owners.

]]>