Personally I think you won't get in trouble with that. That's just my opinion though. It just seems too dumb a claim to get anywhere in a court of law. That's like saying if I owned "usarealestate.com" and then you bought arizonarealestate.com that I could sue you because I had trademarked USARealEstate.com. It's just a scandalous claim. Ask them for proof of the TM.
You can check this yourself. Maybe when you ask for that they'll shut up and let you be...
Your situation is stronger than this one: http://www.arb-forum.com/domains/decisions/471005.htm Respondents website does indeed market properties located in the area that Respondent claims is known as DEER VALLEY (among other areas), and that activity certainly would qualify as a bona fide offering of goods or services under Paragraph 4(c)(i) of the Policy...
Not to challenge you, but in the reference you gave, the respondant in that case was in the business of renting, managing, and selling real property. Thus creating a bonafida reason for using the domain in question. It has been noted that having portals in not a strong arguement for having a bonafide reason for registering the domain.
Wouldn't this be viewed as a plural (or non plural in this case) usage of a domain without legitamate interest at the time of registration since the domain is confusingly similar to the established TM?..
The singular version being challenged by the owner of the plural version...this.
Is an interesting case, since it's literally a difference of a few letters (unlike,.
Say, the bocaresorts UDRP).
Some questions, though:.
1. Does the complaining party indeed have a registered trademark?.
2. If yes to no. 1, what are it's details? (i.e. date, disclaimers if any, etc.).
3. When was the domain name registered?.
4. Does the portal bear any similarity or relation to what their TM is for?.
Tons of things to consider here. But it boils down to how much your company.
Is willing to risk defending rights to the domain name, especially if the other.
Party decides to go to Court.
Better yet, time to retain a seasoned attorney like Dr. Berryhill here or others...
Hi Dave thanks a lot for your help through PM and via this thread.,.
Our Competitor does not have a trademark on the name, but they have the TM on the Logo...
When you say your competitor does not have a TM on the name, do you mean registered TM or common law TM? There is a difference. Additionally, if their logo contains their name, they may have a stronger claim than a common law TM...