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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 29-03-2008, 03:46:09 AM     #1 (permalink)

 
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DRS advice wanted

I bought the domain name off an acorndomains forum member some time back:
The nuts co uk
I applied for a trademark but on the last day before it would have been granted an objection was lodged by IPC Media Limited (nuts magazine)

I did not respond to the objection because I was informed by the trademark office that I would be liable for any costs of the objector should I lose and I could not afford to pay out a large legal bill.

I received a solicitorís letter asking me to hand over the domain name which I ignored.

Today I have received a DRS notification from Nominet.

Trade mark NUTS
They complain it is an abusive registration, quoting: The contested domain name is practically identical to the Complainantís earlier rights, the only difference being the addition of the common pronoun THE.

I really think the above is rubbish and that the domain represents a common poker term as being the best hand available.

Can anyone offer any advice on this one?

Thanks
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Old 29-03-2008, 07:27:31 AM     #2 (permalink)

 
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Interesting

Very interesting....

I have looked at your withdrawn application and see the classes do overlap with the complainant but yours is very strong in one area i.e. online gaming....it is possible that the complainant would have to prove that they have strong rights in your specific area i.e. they already have online poker on their website.

A DRS may well be beneficial as I have known DRS experts to comment on whether the two marks would cause confusion. Applying for a trade mark (positive step prior to trading) is not (in my opinion) an abusive act therefore I do not see grounds for hading it over....BUT the name isn't that great so you may wish to give it up to save all the argy bargy

Lee
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Old 29-03-2008, 09:40:54 AM     #3 (permalink)

 
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I'd disagree with the end of what Landlord says, although I understand why.

I would have said the name was poor aswell but I remember it being on the Dragons Den last year as something to do with the "The Nuts Poker League" and a well known term in poker.

It's got to be worth a £x,xxx plus IMO

I think as long as you explain what you were aiming to do with it (online gaming) to the DRS then you shouldn't have any problems.

All the best
GW
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Old 29-03-2008, 11:18:00 AM     #4 (permalink)

 
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Like you say, its a pretty well known poker term and you're using it for a poker website. Unless you've had a parking page on it in the past with adverts to other magazines etc. then I can't see you losing this at a DRS - those experts make some crazy decisions though!!

Grant
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Old 29-03-2008, 11:38:43 AM     #5 (permalink)
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I would make a strong response on the basis that it's not "abusive" as you are using it for a different subject to that of the complainant.

Make sure you backup your case with printed materials, logos, printouts of your website showing poker related pages.

This will impact the decision more than just writing a letter.

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Old 29-03-2008, 12:01:22 PM     #6 (permalink)

 
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Didn't know

I didn't know that it was a poker term and therefore I agree with all respondents AND it then becomes a highly sought after name and as long as you keep your proposed use very narrow i.e. online poker gaming then I think you should be able to defend this attack.

Applying for a Trade Mark is not an abusive act in relation to the DRS (my layman opinion)....if however you started trading and a DRS considered such use to be abusive then you would lose it. OR if you used the Trade Mark Application as a means to extract money from the complainant then that could be abusive.

In respect to your Trade Mark application it is sad that you had to withdraw your application due to financial reasons BUT my recent attempt via the Patent Office to get them to realise that registrants have rights and they need an easy and cost effective way to protect their £10 domain names fell on death ears....In fact in a recent decision they spent 14 pages defending their processes with an eventual saying that we expect you to get legal advice and employ a Trade Mark Attorney..

Furthermore, all registrants should be aware that no rights are given at the point of registration (according to the Patent Office), however this does indeed differ to that stated to me by Nominet...i.e. Nominet state that a registrant (on registration) gains a right to derive the benefit of the domain name use (subject to infringement blah blah blah).

Lee

Last edited by landlord; 29-03-2008 at 12:05:07 PM.
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Old 29-03-2008, 12:11:57 PM     #7 (permalink)
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"The nuts" means poker to me, as there is the league that was on the Dragons Den - bloke from Wrexham

Nuts magazine is 'Nuts' not 'The Nuts' , likewise the term 'the nuts' is quite common

I would fight it - is there any pattern of abuse or previous DRS decisions?
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Old 29-03-2008, 12:50:16 PM     #8 (permalink)

 
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Yep the nuts is the best possible hand in poker, Ace Ace before the flop so I'd go all in on this one and call their bluff
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Old 29-03-2008, 01:49:30 PM     #9 (permalink)

 
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Thanks all for the response.

is there any pattern of abuse or previous DRS decisions?

Yes i have one recent DRS decision againt me, I did not respond.
This is mentioned in the complainants statement.

will this way heavily against me?
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Old 29-03-2008, 02:30:38 PM     #10 (permalink)

 
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Hi Mate,

Personally the name has a fair bit of value, If you are worried about DRS, ask or pay someone on this site to respond for you.

It's worth the investment and the real experts are on this forum.

Your previous decision may or may not go against you depending on what it is. But I think this name is strong enough to stand on it's own.

All the best
GW
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