woopwoop

Domain Trader Rating:
(100% / 1)

This is the exact same advice I'd give.
When I registered my first trademark I found out loads about how I'd be protected - great experience.


Also interesting is that there's registered trademark and unregistered trademark. Both offer protection with an unregistered trademark automatically given after you start trading with a name in a particular industry/ies. (registering only makes it easier to prove that you had a name established on a recorded date + having it registered deters people more from using it)

So this is another thing to look out for - using a name that's out there being used (though not registered) - the other person using it still has unregistered trademark protection.


In summary, if you can't think of a legitimate use for the domain that doesn't infringe the other persons trademark, then give it up.

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TinkyWinky

Domain Trader Rating:
(100% / 10)

Ahhhhhhhhhhhhhhhhhhhhhhh

£200 in the bank says done deal and lots of beer money.

My advice (FWIW)

i. play innocent to start with when they contact you

ii play nice for follow up letter to say you've spent time and money on business plan

iii. play insistent on innocence and wanting to save everyone grief over a 'genuine' mistake on last letter

All the above took about 30 mins tops, regging took £10 and 2 mins so at £100 an hour for my time and charges I still win handsomely

Probably lucky though and not a simple way to make too much cash!!!

//TW

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golddiggerguy

Domain Trader Rating:
(100% / 3)

People should look at it from all angles.

What if you just developed, marketed and spent 1000's on advertising a brand new product and someone bought the hyphenated version of your domain (or similar).

They banged a shite site with loads of naff ads and was making money off your new products name.

Not good !

I have just reg'ed a Trade Mark and would be fuming if that happened to me. So you should look at both sides really and put yourself in that situation.

Your guys maybe thought, get it while they can as it's just a sitting time bomb waiting to be abused.

2p

TinkyWinky

Domain Trader Rating:
(100% / 10)

Why didn't you/they register it? Would be my first question. Sorry with prices being so low there is no excuse why companies do not register the hyphenated or other conceivable terms associated with their trademark. That is laziness, naivety or arrogance.

Remember a trademark is only valid for the classes you register it with anyway and in this case I had quite a few other clases where I could have exploited completely legally that clause.

That's a bit harsh GDG

In essence I fairly and squarely registered a couple of domains, was going to put on services that would have benefited their brand and ultimately people that are their members, and ok, yes would have made some money myself but not out of promoting competing brands or services.

This is where, IMHO and experience, the vast number of companies need to

a. be smarter and wiser in their approach to any online promotion
b. spend a small amount of money to protect what you have already invested time and money on
c. admit they don't know everything so enlist the help of external 'professionals' who do (which they don't very often)
d. stop and think about the positive aspect of affiliates using the domains, rather than assuming it will always be damaging (but set out rules legally of course)
e. put up or shut up - rather than whining and using legal strong arm tactics.

Of course there are always the exceptions to every situation!!

GDG - you registered the hyphenated of yours ?

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golddiggerguy

Domain Trader Rating:
(100% / 3)

Hypothetically..... but yes businesses should but don't.

If someone reg'd a domain before a company even was incorporated then that should go in the favor of the domain holder IMO.
Afterwards then it should be for a totally different product or service. (not leeching a brand)

Companies can't reg all possibilities e.g. Orange.co.uk would have to reg domains with mobile,mobiles,broadband,phones,mobilephones,cheap ,deals, and so on and on and on. then also the hyphenated ones too.
So it is a little impossible to cover all bases we'll all think of a slightly different version we could use some how.

For example 1orange.co.uk is available.


I reg'd .com .co.uk .net and hyphenated. but people could quite easily add stuff and cover other possibilities.

I do have a few TM domains myself but do donate any monies made from it to a local charity now I know what shite it can cause.

holgate

Domain Trader Rating:
(0% / 0)

£14,000 over three years with a trademark and patent firm, the simple fact is if your not trading within the same market and confusing the public with similar brand names your ok. However........should you find yourself in court at the hands of a dopey judge against a powerful legal team the chances are they will make a case for wresting your domains from you.

That fat one trick pony stavros from easyjet has been making a mockery of trademark law for the last five years and now virtually owns the word easy which is not how the law was originally framed. Further reading



My golden litigation rule....the person with the deepest pockets always wins.

PS. We fought and defended an action brought by ELF oil against one of our electro-luminescent-film products which we branded Elf. Our QC rocked, then emptied our bank account.

suzi

Domain Trader Rating:
(100% / 1)

Hi - Just interested to get a bit more info.

How 'contained' was the trademark? Did it make up most of the domain name? All of it?

How big is the brand?

Would your 'service' have relied on referrals to the brand or someone selling the brand's products?

Why hadn't they registered 'your' domains? Or are there vast numbers of domains that could be registered? Or were you quick off the mark?

Do you know what brought you to their attention?

Suzi

holgate

Domain Trader Rating:
(0% / 0)

Due diligence is also part of the efficacy involved in trademarking. You went light in my opinion.

newbie

Domain Trader Rating:
(100% / 3)

My friend has been approached by a few very large companies concerning some of his domain names - usually aggressive letters demanding large sums of money and of course the domain names too. This happens around every 4 months.

Be aware that most large companies hare more cash to throw at their legal team than you do so it's not about what's right, but it's about what you've got time for.

My friends policy is this...

1) register what you like, if it looks like it may be profitable then he's up for it
2) If a large firm gets upset, he stops parking the domain ie. He does not dig the hole any further
3) He's tried asking these large firms for money, it never goes down well so now he doesn't bother

Time is important. To preserve valuable time...

1) he does not waste time responding to the incoming letters
2) he contacts nominet to delete the domain names

The threats coming in can be quite convincing. Just drop the domain names and that's always been the end of the problem for my friend

Regards,

Newb.

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