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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 17-03-2006, 12:00:38 AM     #1 (permalink)
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surender now or later?

Due to a recent trademark descision, on reflection, i probably shouldn't have regged one of my domains.

The domain is parked and has no trafic, I regged it for developing but now I think perhaps not.

If I wanted to surrender it to avoid any possile future unplesantness, is it generally best to just do it or wait for someone to say 'oi, give!' then drop or transfer.

Thanks in advance
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Old 17-03-2006, 12:05:17 AM     #2 (permalink)

 
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point to consider when making your decision is whether you have any other dodgers.

If one of the others decide to be tricky then this one can and will be used as evidence against you.

-aqls-
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Old 17-03-2006, 09:55:23 AM     #3 (permalink)

 
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Quote:
Originally Posted by Mendis
Due to a recent trademark descision, on reflection, i probably shouldn't have regged one of my domains.

The domain is parked and has no trafic, I regged it for developing but now I think perhaps not.

If I wanted to surrender it to avoid any possile future unplesantness, is it generally best to just do it or wait for someone to say 'oi, give!' then drop or transfer.

Thanks in advance
If you want I'll take it off you ,seriously. If you want PM me,

DG
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Old 17-03-2006, 07:03:07 PM     #4 (permalink)
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I wouldn'y worry about it. Unless you are obviously squatting and attempting to extort cash, getting loads of traffic and generally showing the world that you own X's trademark, then nothing will happen. And even if it did, you could just apologise, act idiotic and offer to transfer the domain over.

So what is it anyway?
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Old 18-03-2006, 08:48:01 PM     #5 (permalink)
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Quote:
Originally Posted by aqls
point to consider when making your decision is whether you have any other dodgers.

If one of the others decide to be tricky then this one can and will be used as evidence against you.

-aqls-
Wise words aqls, many thanks.
It's probably not that much of a hot potato anyway (i hope), think i'll sit on it for a little longer and have a think.

domaingenius: thanks for the offer, if i can't think of a way to turn this ill let you know what it is & see if you want it.

3 cats: Sounds about right, and as a bonus I wouldn't even have to act verry hard to come accross as idiotic
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Old 19-03-2006, 10:33:12 PM     #6 (permalink)
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>>So what is it anyway?

haha- i love the way people don't even acknowledge this question 90% of the time it is asked!
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Old 20-03-2006, 12:01:06 AM     #7 (permalink)
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Actually I will say, as I think it’s quite an interesting case, though I risk coming across a bit chicken-little, over-reacting the other day on what I now believe isn’t really a hot potato at all, (and is probably a reg-fee name anyway).

The domain is www.EasySafari.co.uk and the reason I mildly panicked the other day was that the Easy Group managed to lay claim to the generic term ‘easy’ as a trademark which in my humble opinion is a bit of a sad state of affairs –nothing against that bloke stelios or anything, seems like a nice guy, but big companies trade-marking generic words (and even years – Olympics thread) is taking the biscuit a bit.

Being new to the domain scene I’m still getting used to the checks you might want to do before registering a domain, eg trademark issues.

I scanned around the net after the trademark decision and found that the easy group have (quite rightly) been quite proactive in defending any perceived trespass onto their intellectual property.

Although I really didn’t consider this name to be anything to do with that group on reging it prior to their trademark descision (the thought didn’t enter my mind, it just seemed like a generic to me), I now believe that their new trademark and the fact that they are internationally known for flights & cruises etc will mean that using easy in the title of this particular domain if trying to use it to advertise hollidays (safaris) will probably be deemed as trading on or earning off their mark and thus in bad faith.

Am I thinking rightly here? Can’t think of much else so far that the domain will be useful for, was going to develop a safari advice site with google adds & affilate. Any suggestions?


Dave (aka Mendis)
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Old 20-03-2006, 10:14:41 AM     #8 (permalink)

 
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You are right - the easy.com trademark decision was an odd one. EasyGroup do try to claim a monopoly in the word easy - but they don't always get it - google EasyArt for one domain case that they had to drop.
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Old 20-03-2006, 02:49:11 PM     #9 (permalink)

 
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From my reading of it, what the Registrar was trying to say when granting the TM was that easy.com taken as a WHOLE (and thats the key) is distinquishable and thus "TM able". On its own their is no way that the word "easy" could be TM'd ,it is only when combined with the .com or other word. I think at end of the day if you say registered something like "easytospeak.com" then esay group would have a hard job relying on easy.com TM to win,and if they went to Court over it they may well be scared of losing and opening floodgates to. The key to success for EasyGroup will be scaring people and NOT actually going to Court. If you are good at playing Poker then thats fine and just let them take you to Court. I got taken to Court in USA by a large group recently, and they settled before trial (I cannot say anything as bound to silence). That is what you do, do not bottle it. As I say, anyone that has a problem domain and want to transfer it to me, and I will give you 50% of what I recover then thats fine by me and I WILL get something out of them.Its a hobby !!

DG
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Old 20-03-2006, 03:34:37 PM     #10 (permalink)

 
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nice one DG!

-aqls-
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