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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 01-02-2006, 02:33:09 PM     #11 (permalink)

 
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No I don't think they could claim the domain so long as you don't use it in a way that infringes their registered class of goods and services.
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Old 01-02-2006, 08:01:56 PM     #12 (permalink)

 
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Quote:
Originally Posted by argonaut
No I don't think they could claim the domain so long as you don't use it in a way that infringes their registered class of goods and services.
3. Evidence of Abusive Registration

B. as a blocking registration against a name or mark in which the Complainant has Rights;

I never understood this, if you regg ???.co.uk, the complainant could still choose another TLD or ccTLD and if they have the ???.com/net what have you blocked? What happened to first come/ first served?

4. How the Respondent may demonstrate in its response that the Domain Name is not an Abusive Registration

C. made legitimate non-commercial or fair use of the Domain Name;

If you park it on Sedo and make money, even if it's ???.co.uk and the ad's are for !!! that's commercial, and there is no definition of "fair use"

http://www.nic.uk/disputes/drs/policy/
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Old 02-02-2006, 03:19:13 PM     #13 (permalink)

 
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Quote:
Originally Posted by argonaut
No I don't think they could claim the domain so long as you don't use it in a way that infringes their registered class of goods and services.
OK so what if the domain registrant uses the domain, at all, on the internet and the TM holder of that name has it registered in a Class that includes downloading material from the internet, and or operating a website ?

DG
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Old 02-02-2006, 03:55:03 PM     #14 (permalink)

 
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DG

Fair use: "use of functioning processes"

By definition, that could mean that sole use of email, utilises processes.
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