Advice on Domain name trademark

[walt03]

What is the name of your state?What is the name of your state?NC

I was going to do a webpage with the domain pga.us which I own for a few years. Someone told me there might be a trademark problem with pga.com. I am not going to have anything about golf on it at all. I am going to make it like a home page and where people can get an webmail address.
Would there be a trademark problem with pga.com.
Your help would be appriciated. Thanks

 

[divgradcurl]

What is the name of your state?What is the name of your state?NC

I was going to do a webpage with the domain pga.us which I own for a few years. Someone told me there might be a trademark problem with pga.com. I am not going to have anything about golf on it at all. I am going to make it like a home page and where people can get an webmail address.
Would there be a trademark problem with pga.com.
Your help would be appriciated. Thanks

Well, since PGA is a registered trademark, you could potentially end up having the PGA take notice -- what they might do, who knows. However, if you bought the name in good faith, and are using it for your own purposes, not related to the PGA or gold, anf are not using the "famous" nature of the name to drive traffic to your site, then you should be in the clear to use the domain. Doesn't mean they won't try and cause trouble, and it doesn't mean that you won't have to defend yourself if it comes to it, but you should be able to use the name if all of the above factors are true.

 

[davezan]

Since you're using it totally different from the pro golfers, you should have no
trouble at all. As divgradcurl says, however, that won't necessarily stop them
from deciding to use their legal might against you.

But as long as you're using it totally different from what they're doing, more
so if it's for non-commercial use, you have a strong chance.

 

[goaded]

If they dont know about it they cant go after you ... if you start ranking in search engines and become known, they will most likely ask that you hand over the domain, if you dont, they will file a domain dispute and you will most likely lose!

 

[davezan]

... if you start ranking in search engines and become known, they will most likely ask that you hand over the domain, if you dont, they will file a domain dispute and you will most likely lose!

How sure are you about that? I can tell you from the poster's first entry
there are at least 2 factors that can work in his/her favor:

1. No one has absolute exclusive use to the letters "pga" except in whatever
class the trademark is registered for. PGA can refer to various things, not just
the pro golfers.

2. If a domain name is used in such a way that is totally different or unrelated
to the trademark in question, there's little to no chance of being able to prove
infringement occurred.

However, it ultimately depends on all all the factors submitted if it ever reaches
the legal dispute process, whichever the complaining party wishes to use. And
it also depends on the responding party's ability to defend him/herself.

 

[gwendat]

Pga?

Minnesota

How could you have that name long enough to get worried? Thinking about possibilities? Consider an attorney to lease it to them if you have the right to,.
It could be a nice steady income for you,based on a percentage of their sales thru the site! Looks like an asset to me! Since they have not contacted you for all;?? this time, I think a decent person would begin communication with the appropriate person(not just whoever answers the phone) and explain
your unique position. Document the conversation, this is an important point!
Consult a lawyer for the details!! Good Going!!

 

[divgradcurl]

Minnesota

How could you have that name long enough to get worried? Thinking about possibilities? Consider an attorney to lease it to them if you have the right to,.
It could be a nice steady income for you,based on a percentage of their sales thru the site! Looks like an asset to me! Since they have not contacted you for all;?? this time, I think a decent person would begin communication with the appropriate person(not just whoever answers the phone) and explain
your unique position. Document the conversation, this is an important point!
Consult a lawyer for the details!! Good Going!!

OP, you might want to read this: http://www.gigalaw.com/library/anticybersquattingact-1999-11-29-p1.html before you take gwendat's advice...