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20-03-2008, 03:58:09 PM
| #1 (permalink) |
 | Owning a trademark domain - but not using
Just want to see if anyone can clarify my thinking... I recently picked up a couple of domains that contain a well known trademark (not a generic word), I have not parked these nor have I put a holding page on or anything (been a bit lazy) so I have made no money and not been "trading off" / "passing off" the domain names. The company approcahed me and told me to give them back - which I said fine, for £300 to cover all associated costs ie. £150 each (which is reasonable as that is the money I would lose from not parking  )They have come back with an aggressive letter saying that I am in breach of their trademark and I have to hand back the domains. I hate large corporations who assume they are always in the right, so I now fancy a bit of fun - but want to check first before i mail them back as I am not so bothered to incur big bills via DRS or court etc.. Despite owning the domain, I am not using - therefore can I actually be in breach of trademark? I know you are probably thinking - so why own if you are not going to do anythgin with - what's the point, but I am a stubborn ba***rd and would rather use the situation to make a point if they are not going to pay me. Can anyone help with legal info or has has a similar position? |
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20-03-2008, 05:58:53 PM
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Depends on the trademark. Apple owns the word Apple in relation to computers, but not music thanks to Apple records who were around a little bit longer than Apple Computers. Also Apple.co.uk is someone else entirely. If it's an exact like (using above example) appleipod.co.uk or appleimac.co.uk then I'd give them up now. |
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21-03-2008, 12:34:43 PM
| #4 (permalink) |
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Not worth it if its not a generic type domain name. You dont have a leg to stand on and for a couple of hundred pounds profit at best if you do manage to sell it to them its a waste of time and hassle.
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21-03-2008, 12:48:50 PM
| #5 (permalink) |
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At the first and hopefully NOT the last DomainFocus event a lawyer give a talk about trademarks and domains and said as long as you are not trading in the same product as they are you are allright i havent got her details but someone here should so i say fight them dont give them back and please keep me posted on how it goes on good luck
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21-03-2008, 12:53:32 PM
| #6 (permalink) | |
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21-03-2008, 12:58:43 PM
| #7 (permalink) |
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What is hopefully NOT the last domain focus event or the lawyer at the event Im the one on the right |
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21-03-2008, 01:39:18 PM
| #9 (permalink) | |
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21-03-2008, 07:13:14 PM
| #10 (permalink) |
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Where is that lawyer now so one here must know her
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