Major TV Station is Trying to take my Domain!!! HELP!!!

[templeofgroove]

So I started a site, found out that the .com is taken, and .net is for sale currently, the TV Show not trademarked. The .com was registered in 2007, the TV Show started 2009, My domain purchased 2010, although it is not marketing the TV Show and clearly states, we are NOT the TV Show but rather an independent E-Commerce Store, the TV Show is saying we're violating the law and demanding the domain back. The TV Show Ecommerce site currently does not have any of the same supplies I do, although it's a Fishing TV Show, they do not sell fishing equipment, I sell Fishing equipment, along with boating, camping, and hiking. While the store sells Shirts, pants, apparel relating to the Show. Am I breaking the Law? They are saying I am and asking for the domain. It took me 6 months to get the traffic up on this and build this site. Please help.

 

[domainpundit]

I wish you to come out of this situation soon . If some one trademark a word ( a famous tv show) and later you register the same domain even its next year also , there is a high amount of risk in loosing legal battle.

The question you have to take into consideration is

1. Do you have time and money to put your arguments before registry?
2. If you loose the battle in case of .ins i believe the chances of registry putting a fine is also there if registry feels you are registered in bad faith.

Just take an example : you bought a domain google.in the next year google trade marked the word google , and you are selling soaps on google.in , still you will loose this domain to google Inc. as per as my knowledge its the law, the domain registration policies also clearly state not to involve in trade mark infringements. Probably the .net was registered prior to trade marking , so probably its not the violatation of the trademark as there is no trademark exists at the time of registration.

the domain name matters before giving a honest suggestion , as you are not stated the domain name , so obviously its difficult to make pitch around it...

the best solution i feel for these kind of situations is negotiate a price with them showing your development costs ..etc and ask them to reimburse the damages you are meeting in , if they dont feel thats too much money they can pay that amount , atleast part of the demanding money... also please note they have to go through legal process which means they have to also spend money in getting that...


my approach:

Approach1:
1. clearly telling them you dont have any bad faith in registering and unaware of the trademark
2. Tell them the products what you are selling is no way related to tv show
3. show them the cost you are incurred , try to recover some of the cost back...
4. If they agree to pay you buy in the time like 15 days , and buy some other domain and redirect the traffic to that new domain

APproach 2:

Go for a legal battle , you may win / i am seeing more chances of loosing.

cheers

 

[templeofgroove]

Hello and thank you very much for such an in depth thought. The thing is they don't have that trademarked, I checked and the TV Show is not trademarked. It started in 2009, however is not registered as a trademark with the U.S. Trademark. How can they just try and take this? I have a .com I started in 02, someone in Australia got their TLD, however to me being in the same industry is a growth for that specific mark.

 

[domainpundit]

OK, agreed... now its clear to me... then reply politely saying i registered and using for legitimate reasons and you have high respect for law and trademarks..to the best of your knowledge you didn't done anything wrong.

lets wait to see what the best they can do....

cheers

 

[Ace]

So I started a site, found out that the .com is taken, and .net is for sale currently, the TV Show not trademarked. The .com was registered in 2007, the TV Show started 2009, My domain purchased 2010, although it is not marketing the TV Show and clearly states, we are NOT the TV Show but rather an independent E-Commerce Store, the TV Show is saying we're violating the law and demanding the domain back. The TV Show Ecommerce site currently does not have any of the same supplies I do, although it's a Fishing TV Show, they do not sell fishing equipment, I sell Fishing equipment, along with boating, camping, and hiking. While the store sells Shirts, pants, apparel relating to the Show. Am I breaking the Law? They are saying I am and asking for the domain. It took me 6 months to get the traffic up on this and build this site. Please help.

I'm sorry I could not figure out which extension do you hold. Is it .in?

Also, where is this company based at?

 

[templeofgroove]

Hi Ace,

It's a .Org and the company is based out of the U.S.