Not sure what your question is ? your previous post was saying someone had made you an off on the name ? http://www.namepros.com/domain-appra...-galleria.html.
If its a UDRP, legal question etc then you would need to post more details..
Have you received a C&D? If so, give it to them. Problem solved.
You did say in the other thread you had an offerand I mentioned at that time that I thought that it was a very risky name - if there's a pending complaint from Jared and you sell without disclosing that fact to the other party, that buyer would have grounds to come after you for damages also.
Just hand it over - you're clearly stepping on their mark, you've probably given them enough evidence to argue bad faith by talking about selling it in a public forum - that's 2 strikes against you and IMO this name's not worth the hassle...
There is no TM issue here. Contact John Berryhill through the forum. there is no way they can claim a TM over your domain Words reversed and missing and generic. Tell them to go F themselves and you will see them in court..
WOW! thank god I am not the one asking for advise from you!.
Thats the absolute worst piece of infomation EVER!..
Don't listen to this guy.
To OP: Your question doesn't really have an answer as I don't believe you have provided enough information. Is the "giant" the domain or Jared itself. If you been served a C&D you'll lose this domain should simply comply imho. If you have an offer. I would take it and move on.
My advice is what I would do based on my experience but you would be wise to seek legal advice from an actual lawyer that's familiar with intellectual property law...
I apologize, I will clarify further. The TM concern I have, is with their slogan "Jared: The Galleria of Jewelry".
The complaining party would be Jared Inc.
They have not contacted me. And yes, I have received an offer for it ($xx)...
Doubtful if the case really went the distance that they would actually be able to support a claim..
That said, they have a lot more juice than you so squeezing you into a dry corner mighn't be a sweat for them...
The SERVICE MARK is below and is quite specific...
JARED THE GALLERIA OF JEWELRY.
Goods and Services IC 042. US 100 101. G & S: retail jewelry store services. FIRST USE: 19931111. FIRST USE IN COMMERCE: 19931111.
Mark Drawing Code (1) TYPED DRAWING.
Serial Number 74474343.
Filing Date December 29, 1993.
Current Filing Basis 1A.
Original Filing Basis 1A.
Published for Opposition October 18, 1994.
Registration Number 1872975.
Registration Date January 10, 1995.
Owner (REGISTRANT) Sterling Jewelers Inc. CORPORATION DELAWARE 375 Ghent Road Akron OHIO 44333.
Attorney of Record John J. Cunniff Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "JEWELRY" APART FROM THE MARK AS SHOWN.
Type of Mark SERVICE MARK.
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20040920..
Renewal 1ST RENEWAL 20040920.
Live/Dead Indicator LIVE..
It's not a valuable domain imho and if you have an offer then maybe it's best to take it...
I would take the offer. IF you're thinking of using the name yourself, I would definitely run it by a lawyer first. If they decide to make things unpleasant for you and have any grounds for doing so, it could get expensive. As I understand it (and any real lawyers reading this thread please step in and correct me if I'm wrong) that means they make no claim on the word jewelry, HOWEVER combinations of words "Jared" and/or "Galleria" WITH the word jewelry could still be argued to be confusingly similar to that mark. Would "Jared Jewelry" or "Jared Jewels" be considered confusingly similar? I believe so.
(Just a note about where I'm coming from: I personally tend to err on the side of caution - I once gave up a very good name which my lawyer felt I had a good case for keeping because I wasn't up for thousands of dollars in legal fees + the time + the hassle it would have cost me to fight for it.)..
If the offer gives you a good ROI, take it.
Though they'll probably lose this if they take it to UDRP, which I doubt, considering that costs $1500 + lawyers fees.
Thanks for all the help, I will be taking all the advice into consideration...
They have not contacted you, but you are worried.
You got an offer for less than $100 right?.
Copyright 2005 - 2009. SignatureJewelryOnline.com. All Rights Reserved.
You got a copyright or is all BS? because if you do then you should know who to ask these things...so maybe it's likely you write fake claims of copyrights.....bad start.
Then....on this SignatureJewelryOnline.com you may want to check how you write your company name:.
(from the About us page) SigantureJewelryOnline.com is a well-established jewelry company located in the beautiful Duluth, Georgia. SigantureJewelryOnline.com.
P O Box 956684.
Duluth, GA 30095.