someone is threatening to litigate for my hyperdrive.com

[morel]

I purchased the domain hyperdrive.com less than a year ago, from someone in California. He had registered the domain back in 1996 for a business, and sold the domain to me when that business became defunct. He had a trademark for hyperdrive.com, that is still live at the the trademark office. The serial number is 75194744, the reg number is 2160064. At the time I purchased the domain, he said I could also have that trademark, though I hadn't asked to transfer it, because I didn't think I would need it.

So that's the history of the domain.

Yesterday, the owner of hyperdrivei.com (Hyperdrive Interactive) contacted me about buying the domain. I offered to sell it to him for $2500. He refused, and then told me that the resale of this type of name would be illegal. I don't think he has much of a case.... however, we both are located in Cincinnati, Ohio. He claimed that "HyperDrive is filed with the secretary of state in Ohio as a limited liability company by us". I'm slightly worried that he might be able to win in a local court. I haven't emailed him back yet. What should my response be?

 

[Anthony Ng]

Originally posted by morel
He had a trademark for hyperdrive.com, that is still live at the the trademark office:
http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=alg5md.1.1

You actually have to kind of login every time you query TESS, therefore the link you provided above won't work for others. Is there a Serial or Registration Number that we could use as there are at least 9 live hyperdrive-trademarks over there (not including those under Boolean searches).

 

[morel]

Originally posted by nameslave

You actually have to kind of login every time you query TESS, therefore the link you provided above won't work for others. Is there a Serial or Registration Number that we could use as there are at least 9 live hyperdrive-trademarks over there (not including those under Boolean searches).

Thank you nameslave. I have corrected my post... the serial number is 75194744, it's the 13th trademark when you search for hyperdrive... the only trademark for hyperdrive.com.

 

[HOWARD]

If the trademark was transfered to you, what exactly is the problem?

 

[actnow]

Howard,

I think the problem is that the owner of the TM offered to transfer the TM to him. But, he felt he didn't need it. So, he didn't accept it.

 

[jberryhill]

...aside from which, the current owner does not appear to have continued offering the same g&s for which the TM was originally obtained. Nevertheless, the TM owner was perfectly entitled to dispose of the domain name by selling it to the current owner, and it does not appear that the current owner was attempting to appropriate any third party's goodwill in acquiring the domain name.

 

[DaddyHalbucks]

Get a legitimate use ASAP!

This is not legal advice and I am not a lawyer.