Some suggestions please

[mattodue]

I have not really been to active on this site, but hoping I might get some input. I don't buy/sell names for a living, but do have many names just sitting on the shelf for future use. I actually buy names with the intent of developing into projects, but unfortunately, trying to take on several projects at a time can be a daunting task to say the least! Anyway, on to my situation.

About 6 years ago, I purchased a name for a new venuture. I used the domain for about 1-2 years, but just lost interest in the business and devoted my time to other projects. In addition, my server was compromised and I didn't have any backups. :sigh2: I think I ended up putting up a single page 1 or 2 years ago as coming soon or what not. I just found out (six months ago) that a tv show has been airing for about 2 years with the same name as the domain I have (i have the .com). They have not contacted me to purchase the name, but I noticed they just recently filed for a trademark. It's a very generic term, and exactly describes the site/business I was doing. Obviously one of my options is to file for opposition, but would like to hear some other suggestions. I did plan on re-launching the site at some point, but would also consider selling to them for the right price. They have filed using a very generic class and vague description. I have no idea if it will even get approved..but, you never know. Anyway, what would you do?

 

[urlurl]

if you are planning on using the name yourself in the near future submit an objection to the TM filing - M2C

 

[mattodue]

Thanks for the reply! Yes, actually, I was planning on submitting an objection when it was allowed, but I still need to wait until it's been filed for opposition. Apparently there is like a 30 day window they give you to object. To be honest, I would not mind selling the name, as I am currently focusing on other things. But, if I wasn't able to sell it, I will most likely re-develop.

Do you see any issues with trying to sell the name? I plan on reaching out to them at some point to see if they would be interested, but I'm wondering if that could potentially open up other issues?

 

[urlurl]

from what I have read on the forums, contacting the owners may expose yourself.

 

[mattodue]

Thanks again for the reply....appreciate it! I'm not sure what you mean by expose myself? Do you mean...expose that I might want to sell?

 

[urlurl]

no, I meant it may give them ammunition to come after the name.

 

[mattodue]

Well, I'm fairly confident they will not be able to take the name....just based on the following:

1) I've had it for well before they even started
2) I've actually used it, and made money with it
3) It's very generic (that's why I believe they are going for a different class for the mark)

Also, if they attempt to try and take the name, I've noticed reverse hijacking doesn't go over to well!

Anyway, thanks again for your comments...I was just looking for additional suggestions besides disputing with uspto. At this point, I'll most likely just discuss this with my attorney.

 

[urlurl]

that's the best way, ask your attorney before you do anything. good luck