Trademark infringement ?

Sickoftalk

Hello Boards,


I am looking for some advice so thanks to any and all in advance.

Here's the story, I am up in the high court in a few weeks to defend myself against a case of alleged infringement for my on line trading name ( for obvious reasons wont give details right now but its not my company name). I registered the domain in '01 and have used it to actively trade since and currently still do.

My opposition from England whom is bringing the case to court registered their similar domain in '99 but did not use it in any trading capacity until approx '05 when they changed the company name in line with the domain name - they were previously trading under a separate name with no similarity.

Prior to 05 they had traffic redirecting from the unused domain to the domain they were using at the time. But at no point prior to '05 used the contested name to trade in any way. Their trademark application was only granted in '08.

Do I have a leg to stand on here? My understanding is that I actively traded with the name online first (thus traded internationally) so I should be bringing them to court ( laughs to himself), but I dont have anything like the financial resources that my opposition does and generally I am not that way inclined.

Thanks again for anyone who can help here

Pat Mustard

If you are involved in litigation in the High Court, you need professional advice. You can't get that here. The forum charter does not allow it.

I would suggest that you should see a good solicitor as a matter of urgency.

Thread closed.