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I own a domain name, registered in good faith before a trademark was reg’d. Must I relinquish the domain?

In 2005, I designed a product that has not yet launched, and gave the product a name. The domain name for that product was taken, so I "backordered" the name through GoDaddy. It actually came up for auction several months ago and I purchased it.

AFTER I purchased it, another company obtained a trademark. Their use of the name only goes back a few months.

I did not cybersquat and my registration was in good faith. I have not put anything on the site for fear of infringing their trademark. Do I have any legal obligation to surrender the name?

Comments

One Response to “I own a domain name, registered in good faith before a trademark was reg’d. Must I relinquish the domain?”

  1. john w on March 21st, 2009 12:34 am

    I'm not a lawyer either but unless you have money to burn to fight a potential legal battle, don't fight over it.

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