Legal Question in Intellectual Property in Florida

Can I use or own a web domain(s) that is similiar to a well known trademark / co

I am the owner of a few different web domains that are similiar to a very well known company's own domain. I have recently been sent a cease and desist letter from this company's legal department. They are asking that I relinquish the domains immediately under a ''cybersquatting'' law. I need to know whether or not it is in my best interest to attempt to fight it or just give up the domain names. I am not currently nor have I ever used the domain names for anything. Any information would be greatly appreciated.


Asked on 4/06/05, 2:40 pm

2 Answers from Attorneys

Scott Behren Behren Law Firm

Re: Can I use or own a web domain(s) that is similiar to a well known trademark

Depends on quite a few factors. I would need to discuss it in more detail with you. I have litigated a number of these cybersquater case. (954) 385-5433.

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Answered on 4/06/05, 2:55 pm
Daniel Press Chung & Press, P.C.

Re: Can I use or own a web domain(s) that is similiar to a well known trademark

If you are not using it, it is likely that you will be found to be cybersquatting, but that depends on the facts (as well as on the composition of the tribunal which decides the case). We have handled a number of these, both in court and in arbitral tribunals. Please feel free to contact me if you want to discuss further. Please understand two things: (1) offers to sell the domain name to the TM holder can result in findings of bad faith/cybersquatting, and (2) fighting these is not free.

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Answered on 4/06/05, 4:37 pm


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