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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 24-05-2007, 04:36:48 PM     #11 (permalink)

 
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Go on dish the dirt

PM the domain name and the company involved so can advise you more.

Having something like this is like having a feather duster around your privates.
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Old 24-05-2007, 04:53:23 PM     #12 (permalink)

 
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Originally Posted by daveg72 View Post
No it was just a 123-reg holding page.
OK. It all really depends on how much you want to keep the name and how much hassle you want to have to deal with.

Owning a trademark on the word (have you checked it - people do lie!) doesn't necessarily give them an automatic right to the domain name.

One way forwards is:

If you intend to use the name, you can write back and tell them that you will be using the domain name in the future for a trade that is in a different trademark class to theirs and that you have no intention of infringing their trademark.

Usual caveats apply - I am not a lawyer etc etc.
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Old 24-05-2007, 06:52:10 PM     #13 (permalink)

 
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Legitimate Interest and abusive intent

The DRS is unreliable with many conflict decisions...

on the one hand a name like mercer.co.uk is not generic ie. people are looking for a rights holder when searching (on the balance of probability) BUT it does not belong to one rights holder more than another cause there are many rights holders with the name ie. mercer.... the complainant failed cause the seller could have had many rights holders in mind when offering to sell the name not particularly the complainant....Furthermore, the respondent regstered with the intent to use as a email provider for rights holders....which is still taking advantage of rights holders but noone person can claim it as it belongs to many .... similar to the barcelona case.

If the experts are true experts then more cases should end up with the name cancelled and made re-available...not transferred..... but the judge in the marks and spencers and the likes transferred the names, in my opinion (on a techicality) that was a wrong decision and the names should have been cancelled.....

Lee

Last edited by grandin; 24-05-2007 at 06:59:09 PM.
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Old 25-05-2007, 08:44:59 AM     #14 (permalink)
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I have received an email explaining that the company are willing to pay reasonable costs that may have/ will be incurred. What are reasonable costs? Anyone had to come up with a figure before for this?
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Old 25-05-2007, 09:01:26 AM     #15 (permalink)
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Originally Posted by daveg72 View Post
I have received an email explaining that the company are willing to pay reasonable costs that may have/ will be incurred. What are reasonable costs? Anyone had to come up with a figure before for this?
I was hoping you'd get info back as I don't like advising others on what they feel they should do. Again think how much you'd like or you feel the domain is worth. I have a figure inside my head as I know the domain but just don't be greedy.

Go with what you feel is right, my standard fee to companies with close or matching domains with tm and non generic is £500 as that's what usually works for me, but you're the one who's got the domain and who has got to make the decision and not lose out.

Cheers
Lee
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