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Domain name versus Service Mark (SM)?

by BigWally
9 replies
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I registered a dotcom domain name in 2008 and now a big financial company is using the same phrase (without the dotcom) in their literature with a "SM" service mark designation next to the phrase.
Who has rights to this name? Can I send then a C&D letter and/or offer to sell it to them?
  • Profile picture of the author payperhost
    Service mark is basically a trademark. If you owned a domain first, its very good for you. Just write them that you used the domain for financial services and that their trademark should be voided. Then just wait for the call and sell the domain.

    I AM NOT A LAWYER. I registered some trademarks and have been on trademark seminars.
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  • Profile picture of the author Joe Mobley
    Let me suggest a Trademark attorney and a hundred bucks will give you some definitive direction in this matter.


    Joe Mobley
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    • Profile picture of the author Kay King
      It sounds as if you registered this as a domain name in 2008 - and did not seek trademark protection. If that's the case, do you still have the domain registered and are you using it?

      Before making any claims or demands - ck with an attorney and get the facts.
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      • Profile picture of the author BigWally
        I've still own the domain but only have it parked. Does that affect my rights to the phrase? If I build a website, does that change my rights?
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        • Profile picture of the author Kay King
          You don't have "rights" if you didn't trademark it...except you MIGHT be able to use the domain for a site IF it was registered before the service mark.

          But as you have not used it previously - that might also be a problem.

          IN other words - the answer to your questions is "maybe - or maybe not". Only a lawyer could give you a proper answer.
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        • Profile picture of the author yukon
          Banned
          Originally Posted by BigWally View Post

          I've still own the domain but only have it parked. Does that affect my rights to the phrase? If I build a website, does that change my rights?
          It's called domain squatting & it's frowned on by Gov.

          Throwing accusations at a competitor that owns a trademark could easily backfire, be prepared to backup your claims & have deep pockets.

          I'm not a lawyer but I stayed at a Holiday Inn once (once).
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          • Profile picture of the author BigWally
            I have always had it parked since 2008. It's a generic phrase, not a trademark. This company uses the term as a "service mark" since it's a service, not a product. I was hoping that the company would want to sponsor or advertise on the site or buy the site to direct the traffic to their site. Does that seem reasonable?
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            • Profile picture of the author BigFrank
              Banned
              Originally Posted by BigWally View Post

              I have always had it parked since 2008. It's a generic phrase, not a trademark. This company uses the term as a "service mark" since it's a service, not a product. I was hoping that the company would want to sponsor or advertise on the site or buy the site to direct the traffic to their site. Does that seem reasonable?
              Reasonable, but highly unlikely. No harm in asking.

              Cheers. - Frank
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    • Profile picture of the author BigFrank
      Banned
      Originally Posted by Joe Mobley View Post

      Let me suggest a Trademark attorney and a thousand bucks will give you some definitive direction in this matter. Joe Mobley
      Corrected that for you. It's not 1950.

      Cheers. - Frank
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