GotDiamonds.com - need advice

[smonline]

I've owned gotdiamonds.com since 2003.

Found out GOT DIAMONDS? is a Word Mark/SERVICE MARK since 96/97 (?)
(didn't know about this when I registered gotdiamonds.com).

Got an e-mail from trademark owner (of GOT DIAMONDS?) and I'm waiting to hear from his attorney.

Is mark on GOT DIAMONDS? legit claim for gotdiamonds.com ?

Advice on what I should do? Give up the name if asked or fight to retain?

Thanks.

PS Other "gotdiamonds" extensions are taken and websites are up and running including a diamond seller at gotdiamonds.net . Does GOT DIAMONDS? trademark owner have rights to these extensions as well?

 

[hunnam]

Maybe try contacting the owners of the other sites, find out if the same thing has happened to them and see if you's could group together to take them on if thats the route you want to take. Personally I would maybe give it up if its not making too much as its not worth the hassle.

 

[actnow]

I would suggest you contact one of the lawyers that specialize in TMs and domains.

It might be a case of reverse hi-jacking.

The first thing the lawyers will suggest, is that, do not discuss the topic on the domain forums.

I would suggest you contact John Berryhill or Stevan Lieberman tonight.
They will acknowledge your email within 24 hours.

John (at) JohnBerryhill.com

Stevan (at) APLegal.com

Good luck.

 

[Epidemic]

Tell them 'Got' isn't a word, it's an acronym for 'BLAH BLAH BLAH'. Nothing they can do about it.

 

[Salient]

If it is the trademark holder of "Got Diamonds?" it appears to me the question mark kills the claim to the domain, imo.

I got diamonds and Im not asking you if you got diamonds.

 

[Dale Hubbard]

Yeah -- ask the lawyers. IMHO it's a SM not a TM so I don't think their claim is valid in the context of a domain name unless you have a site which uses a promotional phrase with the words "Got Diamonds?". I wouldn't be quaking in my boots on this one.

 

[WhoDatDog]

Don't cave in. You made a good faith purchase. Tell them $12,500 within the next week or future emails will be deleted.

 

[ColdGin]

One of the things that the lawyers maybe will look if GotDiamonds its a public recognized trade mark or not.

I never heard about that name...but I live outside the US.

I think its not like buying CocaCola.com-.----

I had a similar problem a few years ago....I buyed a domain...that expired....and was part of a company...as a company name...but also...my surname...they call me...trying to scared me...and I ask them for a good offer...they never called me again. I still have this domain.

 

[DNQuest.com]

interesting one here.... but none-the-less, if they have a TM/SM, since 1996 (filing date), and they can prove "similiar or confusingly similar" and bad faith, then you could be in trouble... and if you ask for $12,500... that only adds to the fire. Then again, you have a for sale sign up (inquire about this domain) and links, so you are showing no vested interest in the domain.

Sometimes, its not about justice, it's about who can put up the better showing.... so do your best to protect yourself.