Nominet DRS decision on 3 letter domain name

Noble Pasty · 24-01-2006, 05:57 PM

Nominet DRS case ghd.co.uk
Nominet DRS decision

1999 Domain name ghd.co.uk registered. Complainant did not exist at this time.

2001 Complainant sets up in business.

2002 Complainant applies for trademark which is granted in 2004.

2005 Complainant uses Nominet DRS. Nominet Expert decides to transfer domain name to Complainant.

Seems a bit harsh.

meinthecorner · 24-01-2006, 06:07 PM

That case has been touched upon in the thread below:

are 3 letter domains exempt?

argonaut · 24-01-2006, 06:11 PM

Not really.

'ghd' became the specific mark of a company for a very particular category of product. The registration of the mark had no impact on the domain name ownership. A domain name cannot be a mark for absolutely any good or service at any time in the future. The Trademark Act 1994 empowers the 'birth date' of rights. The ghd.co.uk owner tried to exploit those rights unfairly.

24-01-2006, 05:57 PM	#1
Noble Pasty Junior Member Join Date: Jan 2006 Posts: 1 No Classified Ratings Domain Trader Rating: (0% / 0)	Nominet DRS decision on 3 letter domain name Nominet DRS case ghd.co.uk Nominet DRS decision 1999 Domain name ghd.co.uk registered. Complainant did not exist at this time. 2001 Complainant sets up in business. 2002 Complainant applies for trademark which is granted in 2004. 2005 Complainant uses Nominet DRS. Nominet Expert decides to transfer domain name to Complainant. Seems a bit harsh.

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24-01-2006, 06:07 PM	#2
meinthecorner Join Date: May 2005 Posts: 147 No Classified Ratings Domain Trader Rating: (100% / 1)	That case has been touched upon in the thread below: are 3 letter domains exempt?

24-01-2006, 06:11 PM	#3
argonaut Join Date: Mar 2005 Posts: 930 No Classified Ratings Domain Trader Rating: (100% / 1)	Not really. 'ghd' became the specific mark of a company for a very particular category of product. The registration of the mark had no impact on the domain name ownership. A domain name cannot be a mark for absolutely any good or service at any time in the future. The Trademark Act 1994 empowers the 'birth date' of rights. The ghd.co.uk owner tried to exploit those rights unfairly.