Legal Question in Intellectual Property in Hawaii
Domain ownership
Hello, I own the domain ''outriggercatamaran.com. The hotel chain Outrigger Hotels claims that 'Unautherized? becacause the name ''Outrigger'' is their trade mark. (In hawaii there is a million ''outriggers''. i.e the drink, bar, club , the word outrigger is a very broad term.)
Outrigger Hotels is in parnership with a company that has a catamaran.(the catamaran company want's my domain) the( the catamaran) did offer to buy my domain, but never followed though. It seems like they would perfer to take my domain from me without paying by trying to us the coptright issue. can they just take it like take?
And, The catamaran company printed up 100,000 flyers with my domain on it with out asking my premission. They don't even own this doamin and they are putting it on all their adverting.
2 Answers from Attorneys
Re: Domain ownership
You must be represented by an attorney and try to negotiate asome monetary settlemey with them. Take a look at my site at www.lawyers.com/amyghosh
Re: Domain ownership
I think you should be able to keep this domain or sell it at your option. However, I think you need to take a number of steps to protect your position. If you want to sell this to Outrigger Hotels, you will need to take several steps to make this site look less like a rip-off and more like an independent effort at legitimate use. You should be able to prevail in this if Outrigger Hotels cannot prove you adopted it in bad faith to ride their coattails. As you note, this is a common type of boat, particularly in Hawaii.
If you want a monetary settlement, you need to have an attorney representing you to show Outrigger Hotels that they cannot steamroll you into submission. If you want expert help, look to my web pages by searching "burdlaw" on Google.
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