Not a dispute but hopefully prevention

enworb · 13-05-2007, 08:09:53 AM

There are many abreviated domains, many in my opinion that are better than using words.

For example, sausageeggandbacon.com is not quite so good as seb.com.

If sausageeggandbacon.com already existed but had no TM or coprights, could I use the same words on my home page if I owned the domain seb.com

I have a part abbreviated domain - and the fully worded website is apparently copyrighted (note at the bottom of th page). But having checked a business name website, it isn't copyrighted.

So a couple of questions:-
Is there a site that I can check whether or not it is TM'ed or c'ed?
If not, couldI use the full words on my homepage?

If necessary I can post the name of my domain but wasn't sure if it's the right thing to do. I am still learning what goes and what doesn't on this site.
Thanks in advance.

enworb

grandin · 13-05-2007, 12:05:06 PM

A domain name can become abusive by:-

1 The domain name is identical to a well known mark and that mark without a website is so unique that it isn't conceivable to make a legitimate business from it. For example toysrus.

2 If 1 above doesnt apply (as it seems in your case) then that name can become abusive if the website content confuses viewers into thinking that the website belongs to the rights holder (phone 4 u) AND/OR you are taking unfair advantage of another person's rights...ppc page

Have a word with Beasty he's a lawyer

Lee

BFTUK · 13-05-2007, 12:20:23 PM

Quote:

Originally Posted by enworb

I have a part abbreviated domain - and the fully worded website is apparently copyrighted (note at the bottom of th page). But having checked a business name website, it isn't copyrighted.

I think you maybe getting confused between copyrights and trademarks.

Every website should have a copyright notice on each page, if it owns the copyright to the content displayed. For example i own the copyright of all the content on my websites.

enworb · 13-05-2007, 03:28:56 PM

Quote:

Originally Posted by BFTUK

I think you maybe getting confused between copyrights and trademarks.

Every website should have a copyright notice on each page, if it owns the copyright to the content displayed. For example i own the copyright of all the content on my websites.

Thanks for your replies. So I only have to worry if they have TM'd the name?

FYI, my domain names are otbdomains.com and .co.uk as well as otbd.co.uk
The website that I am concerned about is (with spaces in case this discussion is picked up by them) :-
only the best domains.com

grandin · 13-05-2007, 04:58:00 PM

Unregistered rights can actually override registered rights....TM's can help...alas we are in a differenet world now with rights being recorded on mass via a domain name but not via TM's....I would argue that TM's have no place in current trading..

Lee

accelerator · 13-05-2007, 06:58:48 PM

Quote:

Originally Posted by enworb

Thanks for your replies. So I only have to worry if they have TM'd the name?

FYI, my domain names are otbdomains.com and .co.uk as well as otbd.co.uk
The website that I am concerned about is (with spaces in case this discussion is picked up by them) :-
only the best domains.com

You would definitely be in a weak position on the .co.uk if they had a trademark. You can search for trademarks at:

http://www.ipo.gov.uk

However, looking at their site, it looks like a domain speculators site, which means they aren't trying to build a brand and you are unlikely to get any comeback from them. The main problem for you is that you don't own the full version of the name, i.e. their .com, so that will limit your brand building potential. However, given the length of the phrase, I don't think it's that strong a name anyway.

All the best

Accelerator

enworb · 14-05-2007, 11:09:23 AM

Quote:

Originally Posted by accelerator

You would definitely be in a weak position on the .co.uk if they had a trademark. You can search for trademarks at:

http://www.ipo.gov.uk

However, looking at their site, it looks like a domain speculators site, which means they aren't trying to build a brand and you are unlikely to get any comeback from them. The main problem for you is that you don't own the full version of the name, i.e. their .com, so that will limit your brand building potential. However, given the length of the phrase, I don't think it's that strong a name anyway.

All the best

Accelerator

Thanks

Best regards, Gary

13-05-2007, 08:09:53 AM	#1 (permalink)
enworb Join Date: May 2007 Location: Berkshire, UK Posts: 143 No Classified Ratings Domain Trader Rating: (0% / 0)	Not a dispute but hopefully prevention There are many abreviated domains, many in my opinion that are better than using words. For example, sausageeggandbacon.com is not quite so good as seb.com. If sausageeggandbacon.com already existed but had no TM or coprights, could I use the same words on my home page if I owned the domain seb.com I have a part abbreviated domain - and the fully worded website is apparently copyrighted (note at the bottom of th page). But having checked a business name website, it isn't copyrighted. So a couple of questions:- Is there a site that I can check whether or not it is TM'ed or c'ed? If not, couldI use the full words on my homepage? If necessary I can post the name of my domain but wasn't sure if it's the right thing to do. I am still learning what goes and what doesn't on this site. Thanks in advance. enworb

13-05-2007, 12:05:06 PM	#2 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	Abusive A domain name can become abusive by:- 1 The domain name is identical to a well known mark and that mark without a website is so unique that it isn't conceivable to make a legitimate business from it. For example toysrus. 2 If 1 above doesnt apply (as it seems in your case) then that name can become abusive if the website content confuses viewers into thinking that the website belongs to the rights holder (phone 4 u) AND/OR you are taking unfair advantage of another person's rights...ppc page Have a word with Beasty he's a lawyer Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

13-05-2007, 04:58:00 PM	#5 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	misunderstanding Unregistered rights can actually override registered rights....TM's can help...alas we are in a differenet world now with rights being recorded on mass via a domain name but not via TM's....I would argue that TM's have no place in current trading.. Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

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