

I am pissed off with domain leechers - elmargasimov

Hey everyone,<p>I want to give you a bit of information on why this is so important to new start-ups, and how this issue personally affected me. I am sure you have also come across this problem many times.<p>Three months ago I purchased a domain name for a startup venture. I have created a launch page, made business cards, created a logo; I have already accumulated a lot of signups in 3 weeks time and done a bit of marketing. I even have a few customers already.<p>Today I received a totally random email from a guy who is the owner of a very similar domain name. He has sent me a cease and desist letter, because apparently he owns the trademark. I have double-checked this on the USPTO website and everything seems legit.<p>However what estranges me is the fact that he has not setup a business. He bought the domain in 2010 to setup a company and I believe he quit before he launched. Now he made me an offer to sell the trademark and the domain name, or else desist from using the name. I did not ask him how much he wants for this, because I am sure it will be some crazy 6-digit figure that I will not be able to afford.<p>Now I have to change my business name.<p>I am lucky that my startup is still new and I haven't spent a fortune on marketing. Imagine if this was a year down the line... Many founders don't have the flexibility to change names, so they have to pay up.<p>So dear people from HN, could we please spread out the message on why this is so wrong! Every single time I go to a domain registrar, I can't use 90% of the names, because these domain leechers bought everything to make a profit.
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rexreed
You aren't in jeopardy here. Trademarks aren't like patents -- you can clearly
have companies with the same name as long as the use is not confusingly
similar for similar products and/or services sold in the same class:

* Delta Airlines

* Delta Faucets

* Delta Delta Delta Sorority

Which one has rights to the domain delta.com? They all do. But only one has
it. And the others can't sue.

Just because you have a "similar" domain name doesn't mean you are in practice
infringing on a trademark. And the definition of trademark means you have to
actually use the mark in commerce. If he's not using the mark in commerce,
you're not violating a trademark.

In fact, you don't even need to register a trademark to have common law
rights.

Don't give up so easily. Talk to a lawyer - they'll consult you for free. Just
tell him to bugger off.

Read here: "It should be noted that trademark rights generally arise out of
the use of, or to maintain exclusive rights over, that sign in relation to
certain products or services, assuming there are no other trademark
objections." [1] <https://en.wikipedia.org/wiki/Trademark>

"In fact all trademark law and rights are based on the use of your trademark,
not just when you register it (if you choose to do so), but also on an ongoing
basis--in fact 6 years after you get federally registered you must swear
you're still using it in commerce and then 4 years after that and then every
10 years thereafter you must swear to it again (there are minor exceptions but
you don't want to go there)." [2] <http://www.idearights.com/trdmrk.htm>

Talk to someone who knows what they are doing and don't be such an easy push
over ;) I say that in kindness.

~~~
tehwebguy
Just wanted to chime in and say YES, talk to a lawyer.

Trademarks exist to protect consumers and businesses that have a reputation to
keep up. It is not the same as copyright.

~~~
elmargasimov
Well, I have heard many people from legal backgrounds telling me that it
doesn't matter if he has a trademark. However you should take into account,
that he can cause you much headache in the future if you grow. I think it's
better that I just launch under a different name.

~~~
rexreed
That is good advice - even if you are on solid legal footing, the presence of
someone else in the market (even as a dead entity) with a too-similar name
will cause issues around brand recognition, SEO, etc. And they can decide one
day to use the domain they do own and put something up there that will cause
confusion. They can't sue you, you can't sue them, but they can just be a
pain.

Sometimes the answer is not a legal one, but a practical one.

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Sujan
I clearly get why you are upset and not happy. But

> I did not ask him how much he wants for this, because I am sure it will be
> some crazy 6-digit figure that I will not be able to afford.

may not be the best reaction. Ask him, it will cost you exactly nothing and
maybe he just wants some change. If he wants an unreasonable amount of money,
you can still change the name.

~~~
chris_dcosta
Or you can negotiate.

You are in the better position, simply put you can say "it's not making you
any money, you've had it for ages, it costs you to maintain it, it's going
nowhere, so why not accept my offer?" and name _your_ price.

Your argument/position is that you can always just change your name and walk
away so you have nothing to lose. On the other hand he will lose by holding
out for something that may never come round again.

So he should take your money - whatever it is - it better than nothing.

OK if he still won't budge, just change you name.

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mathewparet
A similar incident happened with me also. They keep the domain even if they do
not use, and try to sell it @ huge.

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zeynalov
Try to register a trademark with the name - "employify.me"

p.s. nice to see someone from azerbaijan here

~~~
elmargasimov
Hey Zeynalov :D Likewise!

