www.takeabreak.co.uk

barnsleyphil · 09-04-2009, 06:49:38 PM

I used to own this domain but was taken on a DRS by the popular magazine.... does anyone think I could have defended it? I had used it previously to market a local gym using the catch line "take a break"

GreyWing · 09-04-2009, 06:51:59 PM

Yes yes yes, you should have put up a travel site.

No chance of a DRS if you did that.

barnsleyphil · 09-04-2009, 07:00:21 PM

At the time they had evidence that I was trying to sell it for £10,000

They also had evidence that I owned Madonna.co.uk - Madonna Resources and Information. and was offering that for sale at the same price.

In the end they offered me what it would have cost for them to proceed with the DRS about £850 for the domain which I accepted thinking the evidence they had of me offering the other domain name for sale at the same time would be enough to get the DRS decision in their favour.

mally · 09-04-2009, 07:05:41 PM

Surely its also the slogan of kitkat, you should have started a kit kat appreciation blog!

GreyWing · 09-04-2009, 07:09:15 PM

Just because you tried to sell it for 10k it doesn't mean you are guilty of anything. However if you approaached them and asked for 10k that's different although not conclusive.

DRS's are tricky and sometimes can go either way, regardless of who is right.

Madonna is a bit tricky but means little unless she has drs'd you, so on it's own it wouldn;t have affected this case.

barnsleyphil · 09-04-2009, 09:18:15 PM

There slogan is have a break unfortunately!

Take your point about the travel site though. Oh well never mind, still got a few more left to try and sell at some point soon....

thetheatre.co.uk

take2.co.uk

snaphappy.com

accelerator · 09-04-2009, 09:33:44 PM

Quote:

Originally Posted by barnsleyphil

I used to own this domain but was taken on a DRS by the popular magazine.... does anyone think I could have defended it? I had used it previously to market a local gym using the catch line "take a break"

If they didn't have a UK trademark then they had no more right to the domain name than you and it should have been an easy defence.

Rgds

accelerator · 09-04-2009, 09:34:25 PM

... it was still a reasonable sale though

Rgds

barnsleyphil · 09-04-2009, 10:01:27 PM

They did have a UK trademark yes

accelerator · 09-04-2009, 10:32:10 PM

OK, then it's extremely likely you would have lost any DRS dispute.

Rgds

09-04-2009, 06:49:38 PM	#1 (permalink)
barnsleyphil Junior Member Join Date: Apr 2009 Posts: 16 No Classified Ratings Domain Trader Rating: (0% / 0)	www.takeabreak.co.uk I used to own this domain but was taken on a DRS by the popular magazine.... does anyone think I could have defended it? I had used it previously to market a local gym using the catch line "take a break"

09-04-2009, 06:51:59 PM	#2 (permalink)
GreyWing Join Date: Aug 2006 Posts: 1,857 No Classified Ratings Domain Trader Rating: (100% / 14)	Yes yes yes, you should have put up a travel site. No chance of a DRS if you did that. __________________ Quick Loans

09-04-2009, 07:00:21 PM	#3 (permalink)
barnsleyphil Junior Member Join Date: Apr 2009 Posts: 16 No Classified Ratings Domain Trader Rating: (0% / 0)	Evidence At the time they had evidence that I was trying to sell it for £10,000 They also had evidence that I owned Madonna.co.uk - Madonna Resources and Information. and was offering that for sale at the same price. In the end they offered me what it would have cost for them to proceed with the DRS about £850 for the domain which I accepted thinking the evidence they had of me offering the other domain name for sale at the same time would be enough to get the DRS decision in their favour.

09-04-2009, 07:05:41 PM	#4 (permalink)
mally Join Date: Mar 2006 Location: Durham Posts: 981 No Classified Ratings Domain Trader Rating: (100% / 38)	Surely its also the slogan of kitkat, you should have started a kit kat appreciation blog! __________________ White Label Dating Sites residual income affiliate network review magazine subscription rugby magazines pregnancy magazines farming magazines french magazines bodybuilding magazines tv magazines football magazines mac magazines Fitness Magazines erotic asphyxiation

09-04-2009, 07:09:15 PM	#5 (permalink)
GreyWing Join Date: Aug 2006 Posts: 1,857 No Classified Ratings Domain Trader Rating: (100% / 14)	Just because you tried to sell it for 10k it doesn't mean you are guilty of anything. However if you approaached them and asked for 10k that's different although not conclusive. DRS's are tricky and sometimes can go either way, regardless of who is right. Madonna is a bit tricky but means little unless she has drs'd you, so on it's own it wouldn;t have affected this case. __________________ Quick Loans

09-04-2009, 09:18:15 PM	#6 (permalink)
barnsleyphil Junior Member Join Date: Apr 2009 Posts: 16 No Classified Ratings Domain Trader Rating: (0% / 0)	Kit Kat There slogan is have a break unfortunately! Take your point about the travel site though. Oh well never mind, still got a few more left to try and sell at some point soon.... thetheatre.co.uk take2.co.uk snaphappy.com

09-04-2009, 09:34:25 PM	#8 (permalink)
accelerator Join Date: Apr 2005 Posts: 2,637 No Classified Ratings Domain Trader Rating: (100% / 12)	... it was still a reasonable sale though Rgds

09-04-2009, 10:01:27 PM	#9 (permalink)
barnsleyphil Junior Member Join Date: Apr 2009 Posts: 16 No Classified Ratings Domain Trader Rating: (0% / 0)	Tm They did have a UK trademark yes

09-04-2009, 10:32:10 PM	#10 (permalink)
accelerator Join Date: Apr 2005 Posts: 2,637 No Classified Ratings Domain Trader Rating: (100% / 12)	OK, then it's extremely likely you would have lost any DRS dispute. Rgds __________________ *Shop Now At* LowPrices.co.uk \| Review King \| Travel Deals \| Broadband \| New Mobile Phone \| Mens Shirts

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