I've had a similair case recently, with my ragtag domain. I got a mail from Ragtag Inc. claiming that they owned the trademark to Ragtag. After a little googling I found out the following.
1. Ragtag is a word in the english language.
2. Words found in the dictionary can only be a trademark if you're in business doing something else. You can't run a bakery and trademark bakery. But you could for instance call your film studio The Bakery, and trademark that...because making films has nothing to do with baking.
3. You need to define in what line of business your trademark applies.
4. So in my case Ragtag Inc, the ones that mailed me, run a business selling biker themed sexy lingerie. :) In their trademark registration, it states that they are in the business of selling lingerie and clothes.
5. Since my use of ragtag has nothing to do with clothes, they can't do anything about it.
So I sent them a slightly pointed mail back explaining all this, and got a polite apology back. :)
That said....your case is different. It would be harder to argue that proevolution was a word in the english language. Thus they can claim trademark over it in a much wider use. Like Pepsi or Coca Cola. You can't make Pepsi cars, because Pepsi owns the trademark...even though they are not in the business of making cars.
Secondly, I assume you want to use those domains for something to do with games or gaming, which means you're in the same field as they are.
So if it came to court, I'm pretty sure you would loose this one. :) Of course, you can keep the domains, and hope they don't send you a cease and desist. And if they do, then just hand over the domains or take them down. I doubt they would make more trouble for you than that, if you choose not to fight them. :)
Cheers,
Ragnar (ragtag)
p.s. I'm not a lawyer, so take this all with a grain of salt.
1. Ragtag is a word in the english language.
2. Words found in the dictionary can only be a trademark if you're in business doing something else. You can't run a bakery and trademark bakery. But you could for instance call your film studio The Bakery, and trademark that...because making films has nothing to do with baking.
3. You need to define in what line of business your trademark applies.
4. So in my case Ragtag Inc, the ones that mailed me, run a business selling biker themed sexy lingerie. :) In their trademark registration, it states that they are in the business of selling lingerie and clothes.
5. Since my use of ragtag has nothing to do with clothes, they can't do anything about it.
So I sent them a slightly pointed mail back explaining all this, and got a polite apology back. :)
That said....your case is different. It would be harder to argue that proevolution was a word in the english language. Thus they can claim trademark over it in a much wider use. Like Pepsi or Coca Cola. You can't make Pepsi cars, because Pepsi owns the trademark...even though they are not in the business of making cars.
Secondly, I assume you want to use those domains for something to do with games or gaming, which means you're in the same field as they are.
So if it came to court, I'm pretty sure you would loose this one. :) Of course, you can keep the domains, and hope they don't send you a cease and desist. And if they do, then just hand over the domains or take them down. I doubt they would make more trouble for you than that, if you choose not to fight them. :)
Cheers,
Ragnar (ragtag)
p.s. I'm not a lawyer, so take this all with a grain of salt.