Discussion in 'Domain Appraisals' started by flowcast1000, Jan 29, 2008.
Looking for an appraisal for the domain FlowCast.com.
There is currently a trademark on Flowcast which was registered in the USPTO in 2003. Our domain was registered in 2005 outside of the US and ".com" is an international TLD. We are looking for an appraisal as we've had some serious bids come in lately for this domain.
if its regged as a TM, then its worth nothing. sell it to your highest bidder and move on quick before they find out ur selling it
There are trademarks on the term "Flow" and for "Flow Cast" and one for "FlowCast" in the US. I can't see this going to court because several TM owners could argue they own the right to it. Either way it's registered outside of the US so the US Trademark doesn't apply.
think you could do with reading up on domain law. You wont have a leg to stand on with this name and being regged abroad means nothing.
For what reason did you register it?
Perhaps you could help shed some light. As per my research anyone could use the the domain name in the same industry as the US trademark's as long as it's outside of the US.
And the US Trademark holder wouldn't be able to take legal action against an non-US domain owner because their Trademark doesn't apply to that geographic market.
If I'm completely wrong please advise!
its been a while since i looked into this but ii think the bottom line is that what you say is correct f you can prove you registered the name in good faith as opposed to for its trademark revenue. I think this would be very hard to prove with a name like flowcast as its a pretty obvious TM imo.
http://www.managingip.com/Article.a...Title=Trade mark enforcement for domain names
Also, if you have had it on SEDO at all etc then it will be doubly hard for you.
I agree with Rob...it boils down to why you registered it.
True if the name have TM issues would not worth more than reg fee.
Separate names with a comma.