Domain trademark question

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Marc058

Member
8 April 2022
2
0
1
I have a domain name which i bought in an auction, now i get a notice from a lawyer saying that their client has the trademark on the domain and i should transfer it to their client else they will go to court. They also attached their court paper work which they might file.

The Trademark team is word1 and my domain is word1word2.com.au

I redirected the domain to a new domain, which has no mention of their trademarked term word1, is their trademark claim still valid?

If they take me to court, can i represent myself or is there a cheap way to handle this?

How should i handle this situation?
 

Marc058

Member
8 April 2022
2
0
1
Just to add, the trademark is owned by an American company and they have hired a Sydney based law firm to sort it out for them..
 

Nighthelyn

Well-Known Member
24 September 2014
103
12
414
Sydney
Hi Marc058,

This is a complex area of law so you need to be quite careful and seek legal advice.

If you have no idea of this trademark (e.g. when you bought the domain the trademark has not existed), if you have been using your domain for your own trade in good faith for a while, it may be difficult for them to succeed in court. If however it can be proved you know or ought to know or is malicious (e.g. cybersquatting) there may be redress available to them.

If you have no desire to use this domain for trade negotiate to sell the domain to them.

Your method of redirection - maybe risky - is it an admission that can be used against you.

Good luck!
-Nightleyn