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GoDaddy review : Should I pick GoDaddy?? Anti Cyber Squating & Common law trade mark

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I have a problem.

I registered a domain on may 14th for an adult site which is made of 3 words, but a unique title which has become branded & I get type in traffic to it.

On may 15th, I posted the domain name on a large forum where someone saw this domain name & immediately registered the same name minus one letter which would be a mis spell of one of the 3 words. I believe I have what's refered to as common law trademark, as well as first use & proof of first use.. I am in USA,, the infringer is in Canada I believe, but he registered it under a reseller with private registration based in florida.

Unable to contact this person to send a cease & desist, so I posted on the same forum to find out who infringed on my name & it's become a heated argument,,.

The low class acts that proliferate the adult industry are telling me I am sh*t out luck, but I see according to Icann & chilling effects, etc & such regarding common law trademark & first in use, first in commerce, that I am right..

This jerk is playing hardball. He is benifiting on type ins from a name I created.. he has it on sedo & had it for sale at one point.

At one point, on sedo, it appeared that they took down the for sale page with note, that domain not for sale for possible trademark infringement,,.

Anyway.. after arguing for days, the jerk turns around & tells me he just registered it as HIS trademark.

Anyway,, sorry for the babble,, but.. Do I have grounds and am I right to pursue this thief?..

Comments (8)

That's something only a licensed experienced lawyer can answer for you. No.

Online forum's going to be able to answer that without reviewing all available.

Facts for your situation, even though you provided some details.

This layperson will tell you this much, though: registering a trademark doesn't.

Instantly grant trademark rights. Trademarks aren't granted overnight, it's an.

Effort and time consuming process.

You demonstrate you have trademark rights, you might have a chance. But....

It can be costly...

Comment #1

Join the club. That's what domainers do. They register type-ins, misspells, to gain traffic. I posted a domain I hand-reged in the appraisals section called liveupdate.ca and some guy an hour later was selling LiveUpdate.mobi. Nothing much anyone can do really. This is why ICANN has open the doors to thousands of new ccTLDs because this market is saturated in people buying similar names riding on different ccTLDs and they want all the money.

When you step into the shoes of google, yahoo and others, they have power and financial backing to take domains away from these types of domainers. If you have no money you are S.O.L.

Good luck in the future. Be careful where you post your names...

Comment #2

Did you look this up? All registered marks are for public view. If it was for sale here, who was the poster that listed it? That might help a little bit to find out who it is...

Comment #3

It doesn't matter wether he has registered it as his trademark or not. If you were using that trademark before he was then he cannot register it so the registration would be deemed null and void...

Comment #4

Not completely true, and if you don't believe me, just think of "Apple"...

Comment #5

But as has been pointed out in many other threads the fruit came first they were trademarking a generic word.

This issue (is presumably) for a non generic word and the trademarks are for a single industry...

Comment #6

And that's a very big if, much more being able to demonstrate that...

Comment #7

I have no idea what you mean by "the fruit came first", but Apple is TMed in different markets by different companies. So in response to your post, it is not accurate and is too broad to make in the sense you did. 2 TMs can exsist, but there a many factors involved.

As far as presuming, unless more information is provided, we can't; otherwise, we could have 2143932 posts trying to catch every senario and situation when it turns out there may be something that was not presented at the time...

Comment #8


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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