Arizona  |  Intellectual Property

Legal Question

Asked on: 10/16/10, 7:13 am

Hi,

I have a website that offer free products (for now) and I registered my domain a year and a half ago with a major registrar. My domain is very popular. Another company that has a trademark on a similar name as my domain name has sent me a cease and desist letter to stop using my domain because it is confusingly similar to their trademark. They have their trademark from few years before I registered my domain. Unfortunately we are in the same business too.

Here is a close example to make things clear:

I own myapplebasket.com and the company's website is applesbasket.com and their trade mark is "applesbasket and farming".

According to the Intellectual Property laws in United States:

a) Am I infringing on their trademark or not? Do they have a strong legal case against me in court?

If I am unintentionally infringing on their trademark and they have a strong legal case against me then I will move my website to a new domain and redirect my current website visitors to my new site. I want to keep my old domain for at least 6 months for technical reasons.

b) Can the company contact my registrar and "Legally" transfer my domain to their company even after I complied with their cease and desist letter and moved my website to a new domain but kept the old domain to redirect my old visitors? By keeping the old domain for old visitor redirects am I still infriging on their trademark?

Has anyone had any experience dealing with this type of situations?

Thanks!

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