Trademark dispute

Hugging · 12-06-2008, 09:01 AM

I recently received a letter from a company which claims my .mobi domain is infringing their trademark. At present the domain is not in use and there is a holding page in place. Should I keep the domain regardless and risk legal action? Offer to sell the domain? Or just hand it over?

firestars · 12-06-2008, 09:20 AM

Quote:

Originally Posted by Hugging

I recently received a letter from a company which claims my .mobi domain is infringing their trademark. At present the domain is not in use and there is a holding page in place. Should I keep the domain regardless and risk legal action? Offer to sell the domain? Or just hand it over?

How can anyone other than yourself answer that question? None of us here know anything about you. What do you want to do?

Hugging · 12-06-2008, 09:48 AM

Quote:

Originally Posted by firestars

How can anyone other than yourself answer that question? None of us here know anything about you. What do you want to do?

Okay, a better question would be: what is my legal standpoint?

If it were .co.uk I would be tempted to suggest the person accusing me give me £500 and I would sell it, since Nominet charge £750 to handle disputes.

rob · 12-06-2008, 09:55 AM

It depends on the name and your motivations for registering it.

If it was a .co.uk and someone accused me of cybersquatting I would defend it, not take 500 quid for it.

stevebrowne · 12-06-2008, 09:55 AM

You could suggest that, but then so could any visiting lawyer looking for bad registration practice and advice, especially if they were digging for information on how registrants deal with TM issues.

Personally, I would want to make sure that they actually owned the trademark they are claiming and they weren't just sending a "My legal budget is bigger than yours" letter, as many seem to do.

Hugging · 12-06-2008, 10:00 AM

I'm pretty sure they own the trademark. (Although I was unaware that such a thing was a trademark at the time).

There legal budget is somewhat larger than mine! (Unsurprisingly)

I'm pretty sure the legal documents do actually come from the said trademark holder. (I was advised to check this by a friend, it may be worth giving them a call to check)

rob · 12-06-2008, 10:09 AM

How is the name being used?

Polo.co.uk could be for the game, mint with a hole or a small VW style car, or the Polo family's domain name.

Hugging · 12-06-2008, 10:11 AM

Quote:

Originally Posted by rob

How is the name being used?

Polo.co.uk could be for the game, mint with a hole or a small VW style car, or the Polo family's domain name.

As of present the domain isn't being used - I haven't gotten around to using it. My host currently has a holding page (which I receive no revenue from).

rob · 12-06-2008, 10:15 AM

Quote:

Originally Posted by Hugging

My host currently has a holding page (which I receive no revenue from).

Does the holding page contain adverts, or anything that could be seen as trade / passing off of the TM owner?

Hugging · 12-06-2008, 10:20 AM

Quote:

Originally Posted by rob

Does the holding page contain adverts, or anything that could be seen as trade / passing off of the TM owner?

No. Just my hosts logo (which is completely unrelated to the trademark).

EDIT: I should say, it has trade, but not anything that could be considered as trading off the TM owner.

12-06-2008, 09:01 AM	#1
Hugging Junior Member Join Date: Jun 2008 Posts: 5 Domain Trader Rating: (0% / 0)	Trademark dispute I recently received a letter from a company which claims my .mobi domain is infringing their trademark. At present the domain is not in use and there is a holding page in place. Should I keep the domain regardless and risk legal action? Offer to sell the domain? Or just hand it over?

12-06-2008, 09:55 AM	#4
rob Join Date: Jan 2005 Location: Brisbane / Wales Posts: 2,865 Domain Trader Rating: (100% / 12)	It depends on the name and your motivations for registering it. If it was a .co.uk and someone accused me of cybersquatting I would defend it, not take 500 quid for it. __________________ Eat more chips! Dont let salad win! I am rob who runs hey. Subscribe to get my .UK sales list - its where the deals are!

12-06-2008, 09:55 AM	#5
stevebrowne Join Date: May 2007 Posts: 421 Domain Trader Rating: (0% / 0)	You could suggest that, but then so could any visiting lawyer looking for bad registration practice and advice, especially if they were digging for information on how registrants deal with TM issues. Personally, I would want to make sure that they actually owned the trademark they are claiming and they weren't just sending a "My legal budget is bigger than yours" letter, as many seem to do. __________________ Some good domains, some bad domains.

12-06-2008, 10:09 AM	#7
rob Join Date: Jan 2005 Location: Brisbane / Wales Posts: 2,865 Domain Trader Rating: (100% / 12)	How is the name being used? Polo.co.uk could be for the game, mint with a hole or a small VW style car, or the Polo family's domain name. __________________ Eat more chips! Dont let salad win! I am rob who runs hey. Subscribe to get my .UK sales list - its where the deals are!

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12-06-2008, 10:00 AM	#6
Hugging Junior Member Join Date: Jun 2008 Posts: 5 Domain Trader Rating: (0% / 0)	I'm pretty sure they own the trademark. (Although I was unaware that such a thing was a trademark at the time). There legal budget is somewhat larger than mine! (Unsurprisingly) I'm pretty sure the legal documents do actually come from the said trademark holder. (I was advised to check this by a friend, it may be worth giving them a call to check)

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