TM input wanted - Airly.co

[spigiv]

Hope someone can help me with this one.

I own airly.co which I am evaluating ways of selling.

Airly.com is is developed (Aussie private jet business 🛩)

Airly.org is developed (European Air cleaning businesses, recently funded with 3.3 mEUR or so)

I believe airly.co could be a nice addition to the airly.org business since it complements their current line of business with .co potentially representing carbon and oxcide and co2 being clean air.

Now the question, is there a risk of approaching any of these businesses to buy the name legally? Do I face the risk of them grabbing it from me for trademark issues or since there are two already with the same TM developed do they ”even eachother out” making it clear for me to approach?

Hope you get the question. Would love some insights and clever thoughts here.

 

[cyberlawyer]

Yes, there is a risk of approaching any of these businesses to buy the name legally!

They can come to you through a UDRP process and claim you registered the domain name with the intention to sell the to them, i.e. a trademark holder, for a profit.

Rightly, the word 'Airly' is in wide third party use. Lack of exclusivitly allows you to hold the same for sale, but still you need to avoid approaching a TM holder, as it would be assumed as bad faith under UDRP.

Airly.org has many registered trademarks since 2016, but even Airly.com (Airly Group Pty Ltd) can claim common law rights, even though their trademark application status is marked as lapsed.

 

[spigiv]

Thank you @cyberlawyer . Will not approach then

 

[xecutech]

Unless you purchased it before any of their trademark dates.