Ask HN: Someone trademarked my domain. What do I do?
6 comments
You need to consult with a competent attorney. The legal issues aren't as simple as they may seem at first glance.
Companies have prevailed against individuals in cases where the company name, and the individual's name, were the same, solely on commercial grounds. For example, the McDonald's restaurant chain has prevailed against individual restaurant owners named "McDonald", although such claims don't always work.
TL;DR: See an attorney.
Companies have prevailed against individuals in cases where the company name, and the individual's name, were the same, solely on commercial grounds. For example, the McDonald's restaurant chain has prevailed against individual restaurant owners named "McDonald", although such claims don't always work.
TL;DR: See an attorney.
On the other hand, individuals have prevailed against corporations. See Nissan Motors vs. Nissan Computer.
But I would agree; talk to an attorney if you are concerned. Most will give you a 30-60 minute consultation for free. Get a referral from a trusted friend if possible.
But I would agree; talk to an attorney if you are concerned. Most will give you a 30-60 minute consultation for free. Get a referral from a trusted friend if possible.
just ignore it and wait for a lawyer's letter. an "email from someone" doesn't mean anything.
(this isn't legal advice, it's just what i'd do.)
(this isn't legal advice, it's just what i'd do.)
Seconded. This could just be a teenager living in his parent's basement for all you know. Ignore it, don't even respond, and wait for a sealed letter sent to you by express. If that doesn't happen, good.
You can offer to sell it to them?
Back in the day, there was a big store 'Wiz' - "nobody beats the wiz!" was their logo. If you went to www.wiz.com (doesn't seem to work now), you got a private page - here's the way back machine: http://web.archive.org/web/20110512192129/http://wiz.com/
So if "the wiz" didn't take over that website when it was a big chain, I don't think you will have much issues.
I'm not a lawyer, and maybe this is an odd case - I don't know maybe the owner of wiz.com was a powerful wizard and that's why no one could steal their website.
Back in the day, there was a big store 'Wiz' - "nobody beats the wiz!" was their logo. If you went to www.wiz.com (doesn't seem to work now), you got a private page - here's the way back machine: http://web.archive.org/web/20110512192129/http://wiz.com/
So if "the wiz" didn't take over that website when it was a big chain, I don't think you will have much issues.
I'm not a lawyer, and maybe this is an odd case - I don't know maybe the owner of wiz.com was a powerful wizard and that's why no one could steal their website.
Wait, that's from Seinfeld, no?
I think he stopped being The Wiz for a fact-checking job :)
(if I remember correctly)
(if I remember correctly)
That's a common trick to snap a domain. I was in the same position, but signaled that I would sell, if the price is right. In the end I got a decent price and we were both happy. You can also try to convince the new owner to have a link to your new domain for some time to help your users migrate. Everything is negotiable and I prefer that before going to court.
On the other hand you have a good chance to keep that domain, because you already own it and its your name.
On the other hand you have a good chance to keep that domain, because you already own it and its your name.
I like how adit.com doesn't serve anything. Not sure if that could help you. I'm guessing this is the company in question? http://www.wooeb.com/ Seems small time. Perhaps they couldn't get a hold of adit.com?
I know you're attached to your name, but this may be a good opportunity to make some cash. Maybe you should make them an offer? (_After_ seeking some legal advice.)
I know you're attached to your name, but this may be a good opportunity to make some cash. Maybe you should make them an offer? (_After_ seeking some legal advice.)
I'm no lawyer, but from my understanding of UK regulartions at least, it depends whether your domain is likely to cause misunderstanding or confusion between the trademark and your site.
If the trademark was for a cookery product and your blog is about cooking it might fall foul but if they're unrelated you might be OK.
You should be able to search for the actual trademark online. If you're worried, seek legal advice.
If the trademark was for a cookery product and your blog is about cooking it might fall foul but if they're unrelated you might be OK.
You should be able to search for the actual trademark online. If you're worried, seek legal advice.
Edit: "Adit" is my name...that's why I'm attached to the domain.