got an email > tm infringement

[Biggie]

Hi

got an email the other day from the owner of "serverside.net" claiming i was infringing on his trademark, because i own "serverside.org".

seems their trademark was filed 11/07/2003

i registered my domain 08/15/03

do they have a case?

they have offered $200.00 > i asked for $650

 

[diverge]

This is a very common term (6.9M google results for "server side"). I don't see how they have any case.

 

[namedropper]

ServerSide.net host websites on servers. And, as FLe8 points out, server side is a common term for the use of servers. I can't see how they could have a case against you, and, further, I can't see how they can hope to claim trademark on a generic term as used for its generic meaning. Someone selling pencils at pencils.net can't legitimately claim a trademark on pencils, for example.

 

[Theo]

They will settle, it's a matter of time. Sit and wait.

 

[DNGeeks]

Your registration predates their trademark application they don't have a chance with you. However they do have a chance of winning if you ever sell the domain or let it drop and someone else gets it.

Search for some UDRP decisions regarding predated registrations. Also, talk to a competent lawyer about your issue.

 

[Dave Zan]

The owner probably decided to serve it on you because s/he couldn't seem to
get serverside.com. :-D

Unless the .net already owns the .com, which so far doesn't seem so based in
WHOIS...

 

[jdk]

.net doesn't own the .com. Probably why they are coming after you. Like others have mentioned you reg'd your name prior to the TM.