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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 20-10-2005, 10:41:36 PM     #1 (permalink)

 
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domain for a limited company (TM pending)

I have submitted a trademark application for the name of my limited company. I hoped to register the domain but the .co.uk of this name is suspended (it is also pre-nominet registration) Nominet have advised that I cannot challenge ownership until it is registered to their terms and conditions.

I know there is a fair chance someone will catch this name when it is released or the original registrant will sign up to Nominets T's & C's (he only became aware it was still in registered in his name when i contacted him to see if he would transfer it to me (naive or what!). What chance do I have of claiming it ?
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Old 20-10-2005, 10:43:21 PM     #2 (permalink)

 
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if it is a dictionary word I think you have little chance..
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Old 20-10-2005, 10:44:40 PM     #3 (permalink)

 
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None at all I would guess.
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Old 20-10-2005, 10:51:35 PM     #4 (permalink)

 
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The current owner can still renew, although he has to pay a charge.

Why dont you ask him to sell you the domain seeing as you have already been in contact with him.

Most drop catchers have honed the mythical art of removing blood from stone. ie gonna cost you alot more wonga to buy it from a catcher.
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Old 20-10-2005, 11:00:41 PM     #5 (permalink)

 
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Thanks, sound advice, it is definitely going to get caught. I guess the question is how much do i open with. He registered it years ago, internet archive shows he has not used it for 3 years, its an OK name but limited appeal. I guess it's got to be enough for him to bother filling in the transfer forms but low enough that i can afford it. I know that's like asking 'how long is a piece of string?' but if sold.co.uk went for £1000 its nowhere near that good!

£200, £100, more?
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Old 20-10-2005, 11:17:22 PM     #6 (permalink)
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sold.co.uk was a bargain.

If its a single word prenom then probably looking at a few grand if not more.
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Old 20-10-2005, 11:33:05 PM     #7 (permalink)

 
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Sh*t


BTW, tried to call you today, i'll drop you a mail.
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Old 21-10-2005, 10:41:48 AM     #8 (permalink)

 
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Doesn't trade marking take ages? I've heard applications can take upto 18 months and are very costly?
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Old 21-10-2005, 10:49:51 AM     #9 (permalink)

 
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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.

So with this method you really don't have a leg to stand on, your options are catching the domain, offering the current registrant money to renew and transfer the name...or paying top £'s to the person who catches the domain.
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Old 21-10-2005, 02:37:52 PM     #10 (permalink)

 
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see,

http://arbiter.wipo.int/domains/deci...2005-0825.html
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