Trademarks and Domain Names

Anything that causes confusion regarding a Trademark is fair game for the Trademark holder to pursue defensive actions. Whether or not a court upholds the defensive actions as having merit depends on a number of factors.

If you spend a little time researching Trademark infringements you will see that tha law allows a lot of latitude on the part of the Trademark holder.

Don't forget, it is the legal obligation of the Trademark holder to defend their Trademark, and some of the actions taken are to demonstrate the Trademark holder is indeed activily defending their Trademark even if those actions don't seem to make sense to a lay person.

If you believe you are cybersquatting with a few of your domain names remember that the mere act of having to defend yourself in a far-off geographical location can be expensive even if you are found innocent of any wrong doing.

KJ

Joshua,
You need legal advice from someone qualified in online trademark disputes as there's too many variables here - like when you registed the trademark. What it covers in terms of countries etc? Where the domains registered prior to your trademark? Also how generic are the trademark name. For instance Windows.com or apple.com are both generic words but major trademarks for microsoft and apple/emi.
Once you've done all that if your legal advisor decides you have a case it might be as easy as sending a cease and desist letter to the owner of offending domain.

Rich

This is what you'll get in the mail:

Domain Name: johndeereparts.info & john-deere-mowers.info
Our Reference No. T2071


Dear Mr. xxxxxxx:

We have recently been made aware of the commercial web pages at "johndeereparts.info" and "john-deere-mowers.info." The domain names for these web sites include the trademark "JOHN DEERE." "JOHN DEERE" is a trademark of Deere & Company. You may be aware that unauthorized use of other's trademarks in domain names can constitute trademark infringement. Deere & Company objects to the unauthorized use of their trademark in these domain names. Other than Deere & Company, neither you nor any other party is authorized to use the domain names "johndeereparts.info" and "john-deere-mowers.info." Since no entity other than Deere & Company may lawfully use these domain names, Deere & Company insists that you transfer these domain names to Deere & Company.

Please write to advise us of your intention to comply with this request as soon as possible.

Thank you for your cooperation in this matter.

Very truly yours,

Suzanne Eagle

Suzanne Eagle
Trademark Attorney
Deere & Company
Global Intellectual Property Services
One John Deere Place
Moline, IL 61265

Did the "squatter" register before or after you got a trademark? Are the services similar enough to be confusing. Is the "squatters" site commercial or a review or fan site type?

If the "squatter" registered after you got a trademark and their services are similar enough to cause confusion and if they don't have a site that falls under fair use, you can send them a cease and desist letter and sue them or get the domain name from them.