Passing off

bb99 · 21-02-2006, 11:58:20 AM

It's not strictly domain related, but it is dispute related - the following is in today's Yorkshire Post regarding a TM battle between the Las Vagas Bellagio and a small restaurant in Bradford.

http://www.yorkshiretoday.co.uk/View...icleID=1359268

Talk about using a sledgehammer to crack a nut.

I'm glad I don't own the .co.uk though!

domaingenius · 21-02-2006, 12:08:59 PM

This explains why : http://webdb1.patent.gov.uk/RightSit...imnum=E2382240

retired_member9 · 21-02-2006, 01:28:55 PM

"a leading firm of London lawyers - Ols*ang"
where did I hear that.. ?

oh, yea.. I recall - from a 'settlement' pdf in my inbox! =)

so they seem to be extremely kool dealing with TM issues?
I count my chances to stand against them and a well-known Internet giant behind...

the most interesting part is that they want to take domain from me, which they believe is a typo of their TM, while this "typo" itself represents
someone else's *exact* UK trademark.

don't you think this is slightly presumptuous?!

bb99 · 21-02-2006, 01:38:59 PM

Quote:

Originally Posted by vizzy

don't you think this is slightly presumptuous?!

I'm sure they don't much care, so long as their big internet client pays the bills on time every month. Lawyers....... b*stards the lot of them

retired_member9 · 21-02-2006, 01:54:24 PM

it seems they don't care much.. maybe even not enough to browse TM database before making claims =)

do you think they stand chances to grab someone else's TM from me?? :-Q

domaingenius · 21-02-2006, 02:30:13 PM

Vizzy, if you care to PM me the details I will happily advise you. What experience do I have ?. Lol, too much ,much too much really. Court of Appeal etc etc etc etc.
DG

retired_member9 · 21-02-2006, 02:38:41 PM

:) great!
details on the way

domainer · 21-02-2006, 03:43:52 PM

The case was more about the logo than anything else. Not only had the guy used the same name - his logo was very very very similar to the other Bellagio. This was why they were concerned with passing off.

domainer · 21-02-2006, 03:50:49 PM

http://www.theregister.co.uk/2006/02...sues_dell_man/

This ones quite worrying though

texidriver · 21-02-2006, 03:50:49 PM

Quote:

Originally Posted by domaingenius

This explains why : http://webdb1.patent.gov.uk/RightSit...imnum=E2382240

DETAILS FOR COMMUNITY TRADE MARK E2382240

"New Application"

not a dun deal?

21-02-2006, 11:58:20 AM	#1 (permalink)
bb99 Join Date: Mar 2005 Posts: 1,547 No Classified Ratings Domain Trader Rating: (100% / 4)	Passing off It's not strictly domain related, but it is dispute related - the following is in today's Yorkshire Post regarding a TM battle between the Las Vagas Bellagio and a small restaurant in Bradford. http://www.yorkshiretoday.co.uk/View...icleID=1359268 Talk about using a sledgehammer to crack a nut. I'm glad I don't own the .co.uk though! __________________ Droppr - finely tuned .uk dropcatching for Nominet members Gazebo \| Flyers, Postcards \| Tree Surveys \| Dent Repairs Leeds \| Poster Printing

21-02-2006, 01:28:55 PM	#3 (permalink)
retired_member9 Join Date: Aug 2005 Posts: 522 No Classified Ratings Domain Trader Rating: (80% / 3)	leading lawyers... "a leading firm of London lawyers - Olsang" where did I hear that.. ? oh, yea.. I recall - from a 'settlement' pdf in my inbox! =) so they seem to be extremely kool dealing with TM issues? I count my chances to stand against them and a well-known Internet giant behind... the most interesting part is that they want to take domain from me, which they believe is a typo of their TM, while this "typo" itself represents someone else's exact* UK trademark. don't you think this is slightly presumptuous?!

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21-02-2006, 12:08:59 PM	#2 (permalink)
domaingenius Join Date: Dec 2004 Posts: 1,387 No Classified Ratings Domain Trader Rating: (100% / 1)	This explains why : http://webdb1.patent.gov.uk/RightSit...imnum=E2382240

21-02-2006, 01:54:24 PM	#5 (permalink)
retired_member9 Join Date: Aug 2005 Posts: 522 No Classified Ratings Domain Trader Rating: (80% / 3)	it seems they don't care much.. maybe even not enough to browse TM database before making claims =) do you think they stand chances to grab someone else's TM from me?? :-Q

21-02-2006, 02:30:13 PM	#6 (permalink)
domaingenius Join Date: Dec 2004 Posts: 1,387 No Classified Ratings Domain Trader Rating: (100% / 1)	Vizzy, if you care to PM me the details I will happily advise you. What experience do I have ?. Lol, too much ,much too much really. Court of Appeal etc etc etc etc. DG

21-02-2006, 02:38:41 PM	#7 (permalink)
retired_member9 Join Date: Aug 2005 Posts: 522 No Classified Ratings Domain Trader Rating: (80% / 3)	:) great! details on the way

21-02-2006, 03:43:52 PM	#8 (permalink)
domainer Join Date: Aug 2004 Posts: 105 No Classified Ratings Domain Trader Rating: (0% / 0)	The case was more about the logo than anything else. Not only had the guy used the same name - his logo was very very very similar to the other Bellagio. This was why they were concerned with passing off.

21-02-2006, 03:50:49 PM	#9 (permalink)
domainer Join Date: Aug 2004 Posts: 105 No Classified Ratings Domain Trader Rating: (0% / 0)	http://www.theregister.co.uk/2006/02...sues_dell_man/ This ones quite worrying though