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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Question Competitors' Domain Trademark Registered After My Domain Url Conflict

    Hey Guys! I am the owner of [a] website which I am building FOR "High PR Network" Service Providers to Advertise ALL their SEO in 1 Marketplace. However it will be with a GROUPON Style twist - where you will be able to find 50%+ Discounts on your Memberships for your backbuilding SEO.

    However, there is 1 site called: [Highprxxxxx.com] as well - and the owners say they do not like/approve me having their name in my url with an "S" in the end. They argue they have worked hard to promote their own networks and I am planning to create a marketplace for any network service provider to Promote their Network on my site.

    So my question is: should I listen to them and maybe I am not right and change my name (Even though my name Expresses EXACTLY what I am intended to do and Target that specific niche) or I am not allowed to use it?


    I am building this Marketplace in good faith to everyone (Network Providers and SEO Buyers) and I thought they would be Happy since I will be promoting and spending my own money on all SEO FORUMS, Communities to find them customers in Groupon Style DEALS. I even offered them to JV together or be Featured on Home Page Permanently - but they don't seem to like it anyway of me having their name in my site url.

    What can you guys recommend? AM I Allowed to use my own [Highprxxxxx.com] great domain or should I change it? By law, am I doing anything wrong?

    []
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    UPDATE:they claimed and lied they had a trademark registered before I created my website WHICH they didn't. Here is the proof - they just registered NOW right after this insident: http://tarr.uspto.gov/tarr?regser=se...quest%20Status

    I mean to protect and use my domain can I also register a trademark with WORDS: "High pr Networks" and send it to my hosting company? Because I got a letter from their lawyer asking my hosting company to take my domain down in 24 hours. What if I register now also a trademark say HIGH PR word .. that means all Highprxxxxx.com will need to be taken down? or what if I just register HIGH PR NETWORKS word as a trademark so I can use my domain? It's a generic term not a BRAND.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    72,957

    Default Re: Competitors' Domain Trademark Registered After My Domain Url Conflict

    If your use predates their mark registration, they would have to rely upon a claim of a common law trademark under state law based on their prior use of the mark - much more difficult for them. They are claiming:

    First Use Date: 2011-03-01
    First Use in Commerce Date: 2011-04-01
    Do you dispute that claim? Your use predates that as well?

    If you believe the application for the mark conflicts with your legal rights, you may file notice of opposition with the USPTO. Information and a sample format for the notice can be found on the USPTO website.

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