Just got this email....

mat · 09-02-2008, 12:04:45 AM

It was sent to me 10 times....

Ok lets start. I have the .com not the .co.uk as stated in the email. He has the .co.uk (makes me laugh the cc to nominet when its a .com)

He is telling me they will personaly deliver a formal legal notice to my door??

So where do I stand. There is no trademark on the domain. It can be seen as a Generic type string of words. Its not a business or company name. Its a sentace to do with job finding in a certain area.

Shall I just tell him I was thinking of starting a site based around this and have it parked while I design the site?? Should it even matter what im doing with it????

Mat

Quote:

To: xxxxxxxxxxxxxx
Cc: drs@nominet.org.uk

Mathew

What are your intentions for the domain "xxxxxxxxxxx.co.uk", registeredon 25th January 2008?

You are currently advertising football employment services at this URL and will shortly be in breach of the UK Trademarks Act (1994) as we have applied for a trademark.

If I do not receive a suitable reply within 7 days (Saturday 15thFebruary) our representitives will deliver you a formal legal notice to your address, by hand, at:

xxxxxx
xxxx
xxxxxxx
xxxxxxx
(My address)

Can I contact you on: xxxxxxxxxx (my number)

xxx xxxxxxx
Project Manager

monaghan · 09-02-2008, 07:15:13 AM

I'm no expert, but if you have the domain before they register it as a trademark, then surely you can't be in breach as you had it first?

If you don't have the .co.uk name, then any legal case would be thrown out as you can't defend a name that you have no ownership of.

Personally, I'd not worry. If the address is your house, you could reply and request that they give you a time for delivery so you can ensure you are available and the name of the person delivering and request they bring ID so you can ensure you are dealing with the correct person, if you do, I would invite a witness to cover your back though as you never know who will arrive.

meinthecorner · 09-02-2008, 09:31:39 AM

Quote:

Originally Posted by monaghan

I'm no expert, but if you have the domain before they register it as a trademark, then surely you can't be in breach as you had it first?

See the myspace.co.uk Drs

rob · 09-02-2008, 10:10:58 AM

I would ask him what he plans to be doing for new year and what colour his socks are, and tell him if you do not get a suitable reply you will be very angry with him.

Applying for trademark != valid trademark.

earlier ownership of name and none abusive use = fine .uk , different ie. point of registration for .com

It sounds like someone has cocked up by not regging / aquiring the right domain names and they are trying to fix it in an uneducated manner.

mat · 09-02-2008, 12:02:53 PM

Thanks guys, im trying to work out exactly what I will put in my reply.

As said above I have the .com version of their .co.uk and it looks like their site is going to be very big in the next couple of months. Totaly their fault for not registering the .com at the same time.

I do have it parked at the moment with relevent ads but cant I just tell them I have all my domains parked before I develope them... Should I unpark it as goodwill or can I leave it and stay within the rules??

I dont see how a trademark could effect my use of this domain name.

Think I will just tell him the domain is being registered for future development and it is not for sale.

Anyone got any ideas of the main points I should include in the reply?

Thanks for your help,

Mat

retired_member16 · 09-02-2008, 12:25:51 PM

I wouldn't bother replying to be honest.

If you do, simply tell him to poke it and ask him if he will accept �100 for the .co.uk.

mojoco · 09-02-2008, 12:53:47 PM

It all depends how important the name is to you and if it is more important to him. Without knowing the name there is no straight answer.

If you think it is worth the effort,

Go to the patent website and copy any relevant information to demonstrate to him that he does not have a trademark and does not have a leg to stand on.

Let him know that having simply applied for a trademark means nothing.

Make him aware that you know more about trademarks and legitimate use etc than he does.

Make it clear that you will not be intimidated.

Tell him that should he contemplate legal action that you are prepared to defend your legitimate use of the name and would expect to win the case. That when he loses his challenge you will apply to the judge to award you your legal costs to be paid by the complainant.

I would also remove any competing links on your parked page for now.

This is all assuming that you are sure the name is generic.

When he realise's he is not dealing with an amateur, he might be prepared to negotiate instead of litigate.
Then smack his arse and make him pay.

SecNam · 09-02-2008, 12:58:00 PM

good response

Quote:

Originally Posted by mojoco

It all depends how important the name is to you and if it is more important to him. Without knowing the name there is no straight answer.

If you think it is worth the effort,

Go to the patent website and copy any relevant information to demonstrate to him that he does not have a trademark and does not have a leg to stand on.

Let him know that having simply applied for a trademark means nothing.

Make him aware that you know more about trademarks and legitimate use etc than he does.

Make it clear that you will not be intimidated.

Tell him that should he contemplate legal action that you are prepared to defend your legitimate use of the name and would expect to win the case. That when he loses his challenge you will apply to the judge to award you your legal costs to be paid by the complainant.

I would also remove any competing links on your parked page for now.

This is all assuming that you are sure the name is generic.

When he realise's he is not dealing with an amateur, he might be prepared to negotiate instead of litigate.
Then smack his arse and make him pay.

mat · 09-02-2008, 01:44:12 PM

Perfect Mojoco, thanks

monaghan · 09-02-2008, 02:07:45 PM

Quote:

Originally Posted by meinthecorner

See the myspace.co.uk Drs

Didn't they loose because of abuse of the domain rather than trademark?

09-02-2008, 07:15:13 AM	#2 (permalink)
monaghan Join Date: May 2007 Posts: 1,148 No Classified Ratings Domain Trader Rating: (100% / 7)	I'm no expert, but if you have the domain before they register it as a trademark, then surely you can't be in breach as you had it first? If you don't have the .co.uk name, then any legal case would be thrown out as you can't defend a name that you have no ownership of. Personally, I'd not worry. If the address is your house, you could reply and request that they give you a time for delivery so you can ensure you are available and the name of the person delivering and request they bring ID so you can ensure you are dealing with the correct person, if you do, I would invite a witness to cover your back though as you never know who will arrive. __________________ Alex Monaghan - Drop Catch & Drop Lists - PM for details Online Accounting\|Pine Furniture\|Barbie

09-02-2008, 12:02:53 PM	#5 (permalink)
mat Join Date: Apr 2007 Location: Hampshire Posts: 3,328 No Classified Ratings Domain Trader Rating: (100% / 40)	Thanks guys, im trying to work out exactly what I will put in my reply. As said above I have the .com version of their .co.uk and it looks like their site is going to be very big in the next couple of months. Totaly their fault for not registering the .com at the same time. I do have it parked at the moment with relevent ads but cant I just tell them I have all my domains parked before I develope them... Should I unpark it as goodwill or can I leave it and stay within the rules?? I dont see how a trademark could effect my use of this domain name. Think I will just tell him the domain is being registered for future development and it is not for sale. Anyone got any ideas of the main points I should include in the reply? Thanks for your help, Mat __________________ Mathew.co.uk - Follow me on Twitter here

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09-02-2008, 10:10:58 AM	#4 (permalink)
rob Founding Member Join Date: Jan 2005 Posts: 5,976 No Classified Ratings Domain Trader Rating: (100% / 37)	I would ask him what he plans to be doing for new year and what colour his socks are, and tell him if you do not get a suitable reply you will be very angry with him. Applying for trademark != valid trademark. earlier ownership of name and none abusive use = fine .uk , different ie. point of registration for .com It sounds like someone has cocked up by not regging / aquiring the right domain names and they are trying to fix it in an uneducated manner.

09-02-2008, 12:25:51 PM	#6 (permalink)
retired_member16 Join Date: Apr 2005 Posts: 3,696 No Classified Ratings Domain Trader Rating: (100% / 39)	I wouldn't bother replying to be honest. If you do, simply tell him to poke it and ask him if he will accept �100 for the .co.uk.

09-02-2008, 12:53:47 PM	#7 (permalink)
mojoco Join Date: Mar 2006 Posts: 798 No Classified Ratings Domain Trader Rating: (100% / 65)	It all depends how important the name is to you and if it is more important to him. Without knowing the name there is no straight answer. If you think it is worth the effort, Go to the patent website and copy any relevant information to demonstrate to him that he does not have a trademark and does not have a leg to stand on. Let him know that having simply applied for a trademark means nothing. Make him aware that you know more about trademarks and legitimate use etc than he does. Make it clear that you will not be intimidated. Tell him that should he contemplate legal action that you are prepared to defend your legitimate use of the name and would expect to win the case. That when he loses his challenge you will apply to the judge to award you your legal costs to be paid by the complainant. I would also remove any competing links on your parked page for now. This is all assuming that you are sure the name is generic. When he realise's he is not dealing with an amateur, he might be prepared to negotiate instead of litigate. Then smack his arse and make him pay.

09-02-2008, 01:44:12 PM	#9 (permalink)
mat Join Date: Apr 2007 Location: Hampshire Posts: 3,328 No Classified Ratings Domain Trader Rating: (100% / 40)	Perfect Mojoco, thanks