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Tinychat.com wants my tiny.chat domain for free

20 pointsby chintan39about 9 years ago
First things first tinychat.com is an online video community. tiny.chat is a small chat application with text only chat.<p>I wanted to start a tiny&#x2F;small chat application, that used less bandwidth and less data.I have already developed most parts.<p>But received an email from a lawyer that tiny.chat is a trademark infringement. (Just before a month from expiry of domain on May 20, 2016)<p>Is it allowed that for tinychat.com to get the domain ownership from me?<p>The domain is worth $15000 http:&#x2F;&#x2F;www.estibot.com&#x2F;appraise.php?a=appraisal&amp;k=8a87bdda37259b454bda4477ac78f31f&amp;domain=tiny.chat

6 comments

mchannonabout 9 years ago
Their trademark predates the .chat TLD (I looked it up on TESS).<p>Nevertheless, your use is arguably different (this distinction matters under trademark law). You&#x27;re no doubt going to call the business (if it even is a business) something other than TINYCHAT, and are going to have a substantially different trademark.<p>This is tricky (and IANAL), but I&#x27;d simply not respond if you are actually in good faith preparing a different product with a different market. Simply owning a domain doesn&#x27;t make you a trademark infringer. There is no dot in their trademark (service mark) name. They could have included a dotted version in their trademark application, and they opted not to.<p>In addition, to avoid further headaches with those people, consider coming up with a different name for your product, and simply redirect your URL to that different name.
legostormtrooprabout 9 years ago
A. When did &quot;tinychat.com&quot; launch?<p>B. When did &quot;tiny.chat&quot; launch?<p>If B &lt; A: tell them to go jump<p>Else: contact a lawyer
bnbabout 9 years ago
You&#x27;d probably have to look into whether TLDs count toward copyright, e.g. if company ABCXYZ (TM) could claim against abc.xyz.<p>The reallllly important thing is that you&#x27;re not calling your chat app TinyChat, but Tiny. If you are calling it TinyChat and started after they opened, you&#x27;love need to reassess. If you&#x27;re calling it Tiny, then you&#x27;re better off.<p>Not a lawyer, just what I&#x27;ve experienced the laws around this to be.
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brudgersabout 9 years ago
[IANAL]<p>Paying a lawyer to draft a letter was deemed cheaper than trying to purchase the domain. That&#x27;s why they did that instead of offering to purchase it.<p>There&#x27;s an asymmetry of expense involved if they &quot;lawyer up&quot; and you just stonewall. To them, that&#x27;s the minimum value of the domain name. You can always &quot;lawyer up&quot; later to further increase their costs.<p>However, none of that matters. What matters is how much it is worth to you to keep the domain.<p>Good luck.
tmalyabout 9 years ago
I think you are ok in this case, but see if you can get a free consultation with a lawyer that deals with trademarks.<p>If you had a domain like macbookprocase I would be a bit more worried.
pyvpxabout 9 years ago
free, online domain appraisals are worthless.