Godaddy Auctions & Trademark

[Sold]

Hello,

Recently, I bid and won a domain name on godaddy auctions. Since I was in a rush, I did not do a research on the domain name. After the auction, I did a research and found that the whole word in the domain name is trademarked a couple years back.

The domain name was registered in early 2000. The trademark was first used and filed around 2010 by someone else oversea.

At whois.sc, I found several past snapshots of the domain name usage. I do not know what it was used for prior to 2009. In 2009, it was parked at sedo for parking revenue. In 2010 and beyond, it was a developed website. Now, it points to godaddy's page.

I have several questions:

1. If I purchase the domain name today through godaddy auctions, can I still claim that the domain name was registered and probably used prior to the word being trademarked in 2010? Or it will be seen as I own the domain name as of 2013 and the word in the domain name is registered prior to my purchase of the domain name, and I cannot use the early 2000 date which is prior to the trademark date?

2. In general, if a domain name is registered and used (i.e. sedo parking) prior to someone else trademarked the word, can the new owner of the domain name claims the first registered date of the domain name as his since he purchases the domain name from the original owner?

I have brought it to godaddy attention regarding the trademark and I have not paid for the domain name yet until the trademark issue is cleared.

Thanks!

 

[chipmeade]

GoDaddy doesn't care about the trademark and your comment will be dismissed. If you bought the name as a drop (with a new Create Date) you don't have any recourse. If you still maintain the 2000 reg date, you have a little more room to breathe but not much. You are fine to use it as long as you don't infringe on the TM. Simple.

 

[Sold]

Reference: http://cdn.ca9.uscourts.gov/datastore/opinions/2011/09/22/08-56110.pdf

I have found additional information on my concern. I'm sure if I misinterpreted it, but here is my interpretation.

Person A registered the domain name in 1999.
Person B filed for trademark in 2004 and claimed 2004 as first usage.
Person B got the trademark registered in 2006.
Person A transferred the domain name to a new registrant in 2006 after Person B got the trademark registered.

The court ruled the new registrant in 2006 was a continued registration of 1999 registration. That means if the new registrant in 2006 later sells the domain name, Person B cannot go after the future registrant of the domain name.

Back to my case:
I am about to buy the domain name through godaddy auctions. Not sure if the trademark holder will argue that I did not buy from the original owner but through godaddy auctions.

Not sure if sedo's parking page with sponsored and advertising is considered content, and is it enough to say that the domain name had content prior to the trademark.

 

[Sold]

GoDaddy doesn't care about the trademark and your comment will be dismissed. If you bought the name as a drop (with a new Create Date) you don't have any recourse. If you still maintain the 2000 reg date, you have a little more room to breathe but not much. You are fine to use it as long as you don't infringe on the TM. Simple.

I am pretty sure the creation date of the domain name will remain as early 2000 registration since it is bought through godaddy auctions.
I took a look at the USPTO website on the trademark, and the service that I am planning to use for the domain name has nothing with the description registered with the USPTO. However, I am a little concern about "computer service" in the description. If a domain name is used on the Internet, then you have to use a computer to access the Internet. My concern is that if the "computer service" is a catch-all phrase for Internet related services.