domain for a limited company (TM pending)

MDUK · 21-10-2005, 04:16:32 PM

Thanks guys, a lot of good advice here. i am going to call the registrant and ask the question!

Michael Penman · 24-10-2005, 09:57:38 AM

Quote:

Originally Posted by J2theIZZO

Also bear in mind, if the domain is caught before your TM becomes effective, or the original registrant decides to keep the name you cannot challange ownership based on your TM...simply because the domain could have never been registered in bad faith as at the point of registration your TM didn't exist.

Not necessarily so. If it's a .uk name then the DRS looks at 'abusive registration' rather than 'bad faith'. A registration can become abusive in use, regardless of whether it was abusive at the time of registration.

An example: I register a domain name in all innocence, then you register a similar trademark. I then use the domain name to cause you unfair detriment by deliberately profiting from confusion with your trademark, or attempting to sell it to your direct competitor. This might well be enough to lose me a DRS case and for you to gain the domain name.

retired member 1 · 24-10-2005, 09:59:57 AM

Quote:

Originally Posted by Michael Penman

Not necessarily so. If it's a .uk name then the DRS looks at 'abusive registration' rather than 'bad faith'. A registration can become abusive in use, regardless of whether it was abusive at the time of registration.

An example: I register a domain name in all innocence, then you register a similar trademark. I then use the domain name to cause you unfair detriment by deliberately profiting from confusion with your trademark, or attempting to sell it to your direct competitor. This might well be enough to lose me a DRS case and for you to gain the domain name.

Agreed, I guess it's all down to the use of the domain.

Hard to tell in this case if the DRS would stand up though without having further details.

MDUK · 24-10-2005, 11:25:49 AM

i have spoken to the registrant, he says he sold the company (that used the name) years ago to another company and therefore they should own the domain. He is currently completing the paperwork to have it changed to them.

The domain has not been used for 2/3 years, the company that was sold originally have wound down that particular company, in the interim i have set up a limited company by this name and have submitted as a trademark.

It looks like it is going to get transferred to this other company and then i am going to have to take it through adjudication at nominet.

retired member 1 · 24-10-2005, 11:57:40 AM

Best of luck

aquanuke · 24-10-2005, 12:09:47 PM

how much does a DRS cost?

rob · 24-10-2005, 12:31:23 PM

750 , vat, time, effort etc.

MDUK · 17-11-2005, 09:55:20 PM

i have spoken to solicitor, i am going to wait until trademark is registered and then go after it.

24-10-2005, 11:25:49 AM	#14 (permalink)
MDUK Join Date: Oct 2005 Location: North West Posts: 120 No Classified Ratings Domain Trader Rating: (100% / 1)	i have spoken to the registrant, he says he sold the company (that used the name) years ago to another company and therefore they should own the domain. He is currently completing the paperwork to have it changed to them. The domain has not been used for 2/3 years, the company that was sold originally have wound down that particular company, in the interim i have set up a limited company by this name and have submitted as a trademark. It looks like it is going to get transferred to this other company and then i am going to have to take it through adjudication at nominet. Last edited by MDUK; 24-10-2005 at 10:12:11 PM.

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21-10-2005, 04:16:32 PM	#11 (permalink)
MDUK Join Date: Oct 2005 Location: North West Posts: 120 No Classified Ratings Domain Trader Rating: (100% / 1)	Thanks guys, a lot of good advice here. i am going to call the registrant and ask the question!

24-10-2005, 11:57:40 AM	#15 (permalink)
retired member 1 Join Date: Apr 2005 Posts: 759 No Classified Ratings Domain Trader Rating: (100% / 5)	Best of luck

24-10-2005, 12:09:47 PM	#16 (permalink)
aquanuke Join Date: May 2005 Location: Surrey Posts: 2,019 No Classified Ratings Domain Trader Rating: (100% / 15)	how much does a DRS cost?

24-10-2005, 12:31:23 PM	#17 (permalink)
rob Founding Member Join Date: Jan 2005 Posts: 5,879 No Classified Ratings Domain Trader Rating: (100% / 37)	750 , vat, time, effort etc.

17-11-2005, 09:55:20 PM	#18 (permalink)
MDUK Join Date: Oct 2005 Location: North West Posts: 120 No Classified Ratings Domain Trader Rating: (100% / 1)	i have spoken to solicitor, i am going to wait until trademark is registered and then go after it.