I recently created a website www.sacredtsyleswimwear.com , I filed a trademark application for "Scared Style" for Clothing, and Cosmetics and Fragrances and it is pending. Someone has offered to sell me variations of my web address such as sacredstyleswim.com - he has also linked that site to another swimwear company that he provides web services for - www.lullifama.com -What remedies do I have against this cyber-squatter, and the obvious loss of business by diverting business and infringing on my brand? I appreciate any input on this - Thanks
State/Country relating to question: New York
i have not contacted anyone yet
you could file a UDRP Complaint (you should get an attorney to prepare that) and if successful the domain name would be transferred to you, but you have to have an established common law TM (using the mark in commerce) or registered and establish that:
1. the marks are confusingly similar
2. the registrant has no legitimate interest in the mark and is not engaged in a bona fide use in commerce; and
3. the registrant is acting in bad faith
you should meet with an attorney to assess your case, if you have a decent case you can file a UDRP complaint, it will cost at least $3000 though, so you want to start with trying to get the site transferred for less than that, but its faster & cheaper than filing a lawsuit and litigating
Experienced in intellectual property law
i do not have the trademark yet - can i get the URDP complaint and would you be able to do that for a better rate?
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