My domain is being pulled from under me! What can I do?

[xaigi]

Help! My domain is being pulled out from under me!

I have the domain "qgenuity.com". It was my first "real" website. Ive had it for well over a year (Since about 10/99). I got a letter from the company Genuity that my domain is infringing on thier trademark. They registered the trademark before I started the website. I am not, however, in the same business that they are. Thier trademark is listed under:


IC 038. US 100 101 104. G & S: providing fiber-optic communications
services, namely, providing connections to a global computer information
network for electronic transmission, storage, retrieval and dissemination
of data, images, documents and messages. FIRST USE: 19970614. FIRST
USE IN COMMERCE: 19970614

I am very much not in the fiber optic communications business. The website is (was, I havent worked on it since Summer.) a "hot deals" site. There are 11 other "Genuity" trademarks currently registered. Most of them are much closer to "fiber optic communications" than I am.

What can I do? I'm a student with no money for lawyers.

I dont want to give up the domain, aside from being the place where I recieve email, its a matter of principle. Unfortunately, I cant live without my principles.

 

[fluxxcapacitor]

fight 'till the end. it's yours. it's just a web domain.

if they really want it from you, get them to pay you (cash settlements are good).

 

[tomcat]

Deffinately do not give up the domain, there have been several high profile cases like this before, do not back down, someone should be able to find some links to news stories as well as what you should do. Do not let companies like this push you around for no good reason, I have to go eat but afterwards I'll look for some links.

 

[StageLeft]

yeah, don't back down...tell them that you want a reasonable cash settlement (don't make it super high) for the domain. I'm sure if you said "Gimme $5k or else you don't get it; i'll see you in court", $5k would be way less than the legal hassel if its worth it to them.

 

[cxim]

I think you will probably win on this one if you want to fight it out.

The names are similar & not the same. You emphasize the QGEN & they focus on the I... However they are a big company with lots of bucks, so at best it will be a pain in the butt.

When something like this comes up you focus on the differences & how neither can be confused for the other. & take a look & see if qgenuity has been trademarked by them.

 

[Zucchini]

you can't live without your principles? hehe guess its time to strap explosives to your ass and walk into their headquarters

 

[JeffreyLebowski]

If you registered the domain name(a year earlier no less) then they can't do anything but bitch and moan.

Just tell them if they send you more crap about it you'll counter sue becuase THIER domain name is infringing on your trademark and www.ingenuity.com's trademark.

 

[tomcat]

ok here are some links
article at cnet, another good one, here is one about apple

The law is deffinately on your side, you will not lose in court, and I'm sure the company recognises that too, so though they may threaten you with a lawsuit, I doubt they will file it. Stand your ground.

Perhaps you should point them to some of these links?

 

[xaigi]

When something like this comes up you focus on the differences & how neither can be confused for the other. & take a look & see if qgenuity has been trademarked by them.


Qgenuity has not been trademarked by them.

Please keep the information coming.

Anybody know anything about non-competing trademarks and thier effect (or non-effect) on domain names??

 

[geno]

Tell those commie bastards to screw and stand your ground against them! Go xaigi!

 

[xaigi]

Any lawyers on the forums?

 

[mr_cheesy]

that is a bunch of horseshit. don't back down. man we could use an inhouse lawyer here... come on kids! rally together!
EDIT Actually, my aunt works for a trademark and copyright lawyer, I'll ask her to get some info on this - more info tomorrow

 

[Double Trouble]

If this was not a case about domains, you'd be in a great position, it would be a slam dunk in your favor. The courts have long held that using the same name on non-competing products (so long as you don't try to use the value of the name) are legal. For example, you could legally sell "Ford's Hot Dogs". However, when it comes to cyberspace and domain stuff, things are much more murky.

You don't have the bucks, they do. Whatever you do, DO NOT offer to sell the name to them for some payment -- that would put you in danger of being considered a cybersquatter under us law, and you would lose (and not just the domain, you could be liable for damages as well).

Since you don't have cash to fight this kind of thing, contact your local ACLU -- they sometimes take up these kind of cases for the little guy against the corporations. Also, check with the law school of local universities, they sometimes take on cases like this "pro bono" (for free).

Don't give it up without a fight. Make sure you make the details of the situation clear to your registrar, and make sure you let them know you do not intend to give up the domain name and believe you have a legal right to it.

 

[SloppyB]

I work at a law firm (Network Admin) and talk to some of them about this kind of stuff all of the time. I will ask one of them tomorrow and see what they say. But from past experience and discussions I don?t think that you will lose.

 

[GoldenTiger]

Tagej and Slappy: Thanks for posting up the ifno... while it doesn't help me personally at all, it's nice to know that you guys took the time to help him out .

GL with the cse, xaigi... it'll be a pain in the tail, but there's no doubt that you'll win.

 

[Frenchie]

xaigi:

E-mail the information to me. I'll draft a letter for you.

 

[xaigi]

Thank You, Frenchie!

YGM