false claim on the trademark

[.biz]

Someone wrote me an email saying that he has a trademark for a domain I own. After searching thru the TESS database, I didn't find any trademark for the phrase.

He made a false claim that he hold the trademark. Is it illegal to say that you have a trademark when you don't?

Thanks.

 

[dtobias]

Is it illegal to say that you have a trademark when you don't?

If they didn't specifically say that they had a U.S. registered trademark, then they might not be lying; they could have a common law trademark, a state trademark, or a foreign country trademark.

 

[.biz]

ok. thanks.

 

[jberryhill]

He made a false claim that he hold the trademark. Is it illegal to say that you have a trademark when you don't?

The TESS database does not answer the question of "Does X have a trademark for Y".

If someone in the United States uses interstate electronic communications to obtain a thing of value by deliberate misrepresentation of fact, then they may likely be in violation of 18 USC 1343 - the federal wire fraud statute - and they may be fined and/or imprisoned for up to twenty years.

It's a citation I keep handy.

 

[.biz]

thank you, john. that's very helpful comment.

 

[DNQuest.com]

John, this could be one of the more helpful things for us domainers..... Thanx.