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Originally Posted by paully  I agree with hindsight we possibly have been a bit naive, our e-commerce is in its infancy, but at the time we did not think trading off their trademark was a problem - as we regularly fill our high street shop with banners and POS material with their trademark on - which they obviously encourage. We also thought there would not be a problem as all products sold through the website were theirs - it’s not like we are taking money off them! They were benefiting from our sales as much, if not more, than we are. They are not retailer and do not sell to the public, so even though their trademark is used in the domain name - the domain name as a whole (Their trademark+'shop.co.uk') is not applicable to them. |
I don't think there is any doubt about your good intentions, and clearly things have worked well until recently. However, the reality is that they've already been through the mill trying to get the other domain name back, and I suspect they've also had to learn quickly from that experience, as you are now. The plain fact is, they are duty bound to protect their IP in all its forms, be that TM or Patent. It just so happens that as they have wised up to this fact, your efforts will be a casualty.