How can we protect a domain name and trademark internationally?

Legitimate reason(s) to accept / decline offer for domain name (trademark risks)?

• A few months ago I was contacted by a domain registrar company that has an anonymous client interested in a domain I own. The negotiations bewteen me and the registrar have been on going for nearly 3 months. The initial offer started in the hundreds and now has went up to over $8,000 US Dollars. It looks like this is the most the client will go. Lets call this domain name " eco xxxx ".com It's an eco domain name, the xxxx is a generic term. This domain name is excellent -- for example -- say you are selling eco friendly soap -- you would want a domain name that is " ecosoap.com" ideally... I'm not selling soap :) Some facts: 1. The domain name is parked , meaning , there is no site, it is simply held by godaddy, my registrar on their parking page. 2. Last year, a company based out of Florida registered a business name that is the same as my domain name. 3. This Florida company has also filed a trademark with the USPTO in August. It is still in the early stages. It's in many different trademark classes. Questions A) Now, because I have not done anything with my web domain, meaning, I have not used it for any purpose, will this company have the ability to file a trademark violation IN THE EVENT THAT I KEEP my domain name? I know that trademarks probably do have a higher priority than domain name. B) If his trademark gets accepted, can I contest it once it's put in the journal? Would I have a legitimate claim? What costs are the associated in contesting? C) I konw that I will be told I should seek lawyers advice --- please do give me as much help as you can AND I will look for a lawyer at the same time. By any chance ,does anyone know how much lawyer fees would set me back for advice on this matter? And do I need a "trademark lawyer" specifically? Basically, I am trying to determine whether or not I should develop the domain name for my own use because it is a growing market or would I be best off to sell the domain due to risks associated in trademark and just pick up a new name. Thank You SO much in advance for any help and guidance

• Answer:

  Hi, it's difficult to answer without more specific info so I'll stick to answering your last paragraph. You say you are trying to decide whether to sell the domain for the 8k or develop the domain yourself, well first of all ask yourself is 8k a lot of money to you right now or easily written off? Have you ever developed a domain before or started and successfully run your own business? If the answer to both these is no, perhaps it is likely that you would struggle to make the success of this domain that you envisage in your first venture in this sort of field. How long have you owned the domain and why haven't you already done something with it? I'm not trying to be rude but it's a fact that most would be entrepreneur's after being fueled with enthusiasm never get off the starting blocks of actually doing something, is developing this domain something you have a burning desire to do? if so it doesn't come across in your post. As mentioned without further information I'm shooting in the dark a bit but I suspect you own other domains which are also likely parked and your reasons for buying up these were probably not solely with the intention of developing them although not necessarily ruled out, and that their potential growth value was a main attraction. If this is the case then you should pat yourself on the back, what's your investment so far in this domain, $20? $50?, with a buyer lined up for 8k that's some investment, I recently read that Warren Buffet has averaged around 10 percent over the last 3 or 4 years and he's vaunted as one of the best investors around. So I've answered your question with more questions for you to ask yourself, answer them honestly and you'll probably make the best decision for you at this time, good luck with whatever you do. Cooperman