trademarked expired domain, liquidated business

[DarkSky]

I bought a domain a while ago, which had dropped that day. The domain itself seemed reasonably generic and it had a small back link profile (which is why I bought it).

I've since been contacted by someone who ran the now liquidated business, informing me I am using his trademark.

The trademark says:

List of services

Class 41 - sporting activities, fitness classes, gym based excercise

Does this mean the trademark only covers these kinds of uses? As the business owned by trademark owners has liquidated, does this have any effect on the trademark validity?

I'm using it as a thin affiliate site, clicking through to 3rd party sites selling gym equipment.


I'm likely to just pull the site down, it's not much bother, but I'd be interested to know of anyones experience in this?

 

[khalid]

If the Trademark is in his name and it's active you are in breach by using it as you are selling the same thing.

If you were selling another item or service I don't think it would apply, having had experience in this field myself.

 

[DarkSky]

OK That makes sense, thanks.

Can I 301 the domain to another niche related domain? would this still count as using his trademark?

 

[DarkSky]

I think I should try and turn this around and try to sell the domain to them, before they demand I hand it over.

 

[namealot]

Not enough info but the trademarks still belongs to someone? Fact you checked out the name prior then stuck up same type of product.. That’s not smart?

There are ways to do things but if they've been able to contact you then likely you’ve not implemented any of them I’d say your stuffed ?

 

[DarkSky]

Hi, I hadn't checked the name (not domain) out at all, other than the backlink profile, and archive.org. I saw it dropping, it looked generic-ish, It didn't cross my mind to check out trademarks, I never have before, but will in future!

The domain is exercise related, which is why I put up that type of product.

 

[invincible]

Impossible to answer this without knowing the domain name. Email me the domain name and I'll try later or consult an appropriate solicitor.


(from iPhone)

 

[khalid]

OK That makes sense, thanks.

Can I 301 the domain to another niche related domain? would this still count as using his trademark?

No, you can't profit from it in the same area.

Is the trademark for text or logo?

 

[DarkSky]

No, you can't profit from it in the same area.

Is the trademark for text or logo?

The trademark is for text, 5 variations of (same string, different casings)

 

[DarkSky]

Impossible to answer this without knowing the domain name. Email me the domain name and I'll try later or consult an appropriate solicitor.


(from iPhone)

I have emailed you, thanks

 

[khalid]

I would say even harder to use then

 

[foz]

I bought a domain a while ago, which had dropped that day. The domain itself seemed reasonably generic and it had a small back link profile (which is why I bought it).

I've since been contacted by someone who ran the now liquidated business, informing me I am using his trademark.

The trademark says:

Does this mean the trademark only covers these kinds of uses? As the business owned by trademark owners has liquidated, does this have any effect on the trademark validity?

I'm using it as a thin affiliate site, clicking through to 3rd party sites selling gym equipment.

I'm likely to just pull the site down, it's not much bother, but I'd be interested to know of anyones experience in this?

A complaint would have to be brought by the liquidated business (Administrators) not the person who ran it. So if the Trademark is in a limited company name (and is now liquidated) the mark has no validity as the entity that owned it no longer exists.

 

[lee]

The administrators would have sold the IP rights that the company held, which would have included the domains. As it looks like, in this case, the domains were allowed to drop then you can suggest the IP rights were not sold.

Ask the person to send you proof that the IP rights were sold to him, if he can't then you are home free.

 

[DarkSky]

The administrators would have sold the IP rights that the company held, which would have included the domains. As it looks like, in this case, the domains were allowed to drop then you can suggest the IP rights were not sold.

Ask the person to send you proof that the IP rights were sold to him, if he can't then you are home free.

It's live on the gov intellectual property website :/

 

[foz]

It's live on the gov intellectual property website :/

Who is the owner of the TM? a person or a company? if a company is that company dissolved? Check company status at www.duedil.com