Registered domain and TM applied by third party ...What to do when TM com tthreatens

[EvPal]

If a domainer registers a domain and 3-4 years later a company files for Tradmark or Service mark and gets it. Can they turn around a threaten to use legal action against the domainer if he does not sell it to them cheap, let say $400. Also can they threaten the domain with legal action against anyone else he tries to sell to?
Any advice appreciated.

 

[urlurl]

this is not legal advice (i'm not a lawyer)

if you owned the name and later there was a TM put on - you may be OK

If you are now using the name to steal traffic away from the new TM site, or advertising products related to the site - you may NOT be OK

 

[domaingenius]

There are no certainties with UDRP ever or at least now. There have been cases of later (i.e. after domain was regged) TM's being used successfully to win UDRP's and then again some have failed. The best way is get your own TM in different country or different class.

DG

 

[EvPal]

Are you saying if you register lawoffice.com and 5 years later a big law firm obtain a TM for Law Office under divorce proceedings class you could loose a UDRP for using the name if you use it for a law office site providing legal services?
Why would anyone register lawoffice.com unless it is intended for legal services or products?

---------- Post added at 06:14 PM ---------- Previous post was at 06:09 PM ----------

By the way there is no TM site built yet to steal traffic from and the name itself is not a developed site.