Here's the U.S. trademark: http://tess2.uspto.gov/bin/showfield...08:vn01ge.2.11.
It's for the term "Autotrader.".
Unfortunately, the domain is parked at Sedo, and so you are monetizing off the TM holder; the first ad is for Autotrader[.] com.
Although you didn't reg this domain in bad faith (it looks as though you have owned this domain since September 4, 2006, BEFORE their trademark, which is February 5, 2007), you are now using it in bad faith. If you weren't monetizing off their trademark, you'd have a better case.
You might as well transfer the domain because if this goes to UDRP, you are likely to lose.
HOWEVER, I'm not a lawyer, so if this domain is important to you, you might want to consult an attorney.
Thanks Ms Domainer for your advice. I put the Sedo parking page just 2 hours ago. Now I take it down. I didn't monetize as they mentioned too.
Anyway my domain name is "i" in front of autotrader but not like "autotrader.biz, .info, .mobi. I saw a lot of tld domain with the word "autotrader" which are not own by autotrader.com.
If my domain is violate of trademark, a lot of domain names in the world will have problem...
If a domain is "confusingly similar" (typo, "i" "e" in front of the word) to the trademark, it can still violate a trademark.
Did you put the parking page up AFTER you received the email or before? It could be that the autotrader people had your domain on their TM watch list, and the minute you put up that page, they pounced with that C&D letter.
Had you not put up that page, you'd be in a better legal position because you had regged the domain before the trademark and you weren't monetizing. The minute you put up that parking page, your domain's legal status changed, even if you didn't make anything because it shows intent to monetize.
Anyway, that's my interpretation. Maybe someone else better versed in trademark law could chime in.
I put the parking page just for fun after received the letter from them.
Prove from their letter "Although at the date of this letter, the Domain Name does not resolve to an active page,...".
Anyway really appreciate your advice. Have a nice day...
Is this name worth anything to you, you've owned it for a few years and havn't done anything with it?.
Why are you holding onto it? Why renew it... doesnt seem worth while to me...
And putting that $5,000 price on it doesn't help your case.
I hope you didn't try to sell it to the company that sent the C&D. That would really look bad.
User wasn't actually cybersquatting until he gets this notice then he immediately parks it along with a huge asking price. If he did nothing he would have been better off. Now autotrader.com has proof of your bad faith intentions.
If you didn't do anything there isn't any proof of bad faith and imho you could have kept it. Now the question is why keep it to begin with? It's a poor domain and you never did a thing with it. Not worth keeping...
OK I'll push the domain to them later. The price I set is when I register this domain few years ago for fun somewhere else, not recently set. BTW I got money to keep whatever I like. The question of the domain value is definately out of topic. Sorry no offence. Anyway thanks Ms Domainer for her advice.
Moderator, please close this thread. Thanks..
Shouldn't have registered this in the first place. They have a very well known site.
The parking ads alone aren't enough to say bad faith because domain owners have no control over the ads appearing there. WIPO does bring up parking in rulings, but only passively.
... Unless someone can point to a case where parking was the deciding factor, but I haven't bumped into one in all the random cases I've read though...
All the money in the world wont help you keep this name, it's obvious why you regged it in the first place.....
They may have just recently registered the name autotrader as a trademark, but they have been using the TM for many years and therefore had it before this domain registration. In the US it is a very well known publication that has been merged with the internet in recent years.
Being non-US probably won't mean much to the OP if filed as a UDRP...
You are cybersquatting in the most obvious way. Makes no difference when Auto Trader registered any domains. They have the trademark. You copied their mark...
It does not matter what the rest of the world is doing in relation to you and your trademark infringement...