Legal Question in Intellectual Property in California

Trademark Violation

I have been approached by a high profile internet company concerning the transfer of a number of international URL's.

According to the company in question I am violating their trademark and they have requested the transfer of the rights to said URL's.

I requested a payment for the transfer to which they replied that they do not pay third parties to stop violating their rights.

Please advise. Many thanks in advance.


Asked on 7/13/04, 3:46 pm

2 Answers from Attorneys
Timothy J. Walton Internet Attorney

Re: Trademark Violation

If you were unaware of the trademark at the time you registered the domain name, and you have not used the domain name for commercial purposes, and you did not offer to sell the domain name prior to receiving the cease and desist letter, I may be able to help. Please feel free to call me at (650) 842-8481 to discuss your situation.

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Answered on 7/13/04, 3:55 pm
Y Rubinstein Summers Rubinstein

Re: Trademark Violation

Although you may not be violating a trademark simply by owning URLs, you may be liable as a "cybersquatter" under the Anti-cybersquatting Act of 1999. Also, in registering the domains, you have likely agreed to submit to arbitration under ICANN's UDRP program. More information can be found at www.icann.org and searching for "UDRP."

Good luck,

Yano

1(866)518-6227

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Answered on 7/13/04, 4:40 pm


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