Help with potential company legal action against domain!

ian-d · 01-12-2009, 09:00:53 PM

A contact of mine has a domain which they've owned for around a year and includes a brand/company name (also a generic word!), followed by a word associated with an industry they have now gone in to, but hadn't at the time.

The company have been in touch threatening legal action etc for use of their name despite the domain being nothing more than a placehold. Suspect it is because the company are now associated with the industry and want the domain themselves; or want to avoid confusion.

Where does my contact stand legally? Does the company have a right to take the domain from them, or can an offer to purchase the domain be made?

Sure you guys know...

(domain name not mentioned for obvious reasons!)

stender · 02-12-2009, 07:50:34 AM

If it contains a trademark then I would give it up to the company without arguing

aZooZa · 02-12-2009, 09:41:18 AM

Is it parked with ads relevant to their TM? Or is it just bland placeholder?

ian-d · 02-12-2009, 10:27:12 AM

There is a single page site with text referring to the domain name and an generic image of the industry the domain is associated with, but no reference at all to the trademark (other than in the name!) and no trademark logos/images.

invincible · 03-12-2009, 09:57:39 AM

There's usually more to it than meets the eye so I suggest he takes appropriate legal advice. Often the initial consultation can be free. Briffa and Adlex are two specialist law firms, which I suggest, that can offer this if he doesn't know anyone else. Google for details on them both. I believe the heads of both firms are also Nominet DRS Independent Experts.

julian · 03-12-2009, 11:44:55 AM

in my experience with them I would stay clear of briffa = clueless..

Quote:

Originally Posted by invincible

There's usually more to it than meets the eye so I suggest he takes appropriate legal advice. Often the initial consultation can be free. Briffa and Adlex are two specialist law firms, which I suggest, that can offer this if he doesn't know anyone else. Google for details on them both. I believe the heads of both firms are also Nominet DRS Independent Experts.

invincible · 03-12-2009, 11:47:39 AM

Quote:

Originally Posted by julian

in my experience with them I would stay clear of briffa = clueless..

I didn't have that experience. I suppose it can depend on who you deal with there. I've worked with Margaret Briffa, founding partner, in the main. She'd probably be interested to hear about any grievances you've had with the firm.

accelerator · 03-12-2009, 11:56:08 AM

You can PM me the name if you'd like my thoughts on it.

Rgds

01-12-2009, 09:00:53 PM	#1 (permalink)
ian-d Member Join Date: Jan 2008 Location: Cheshire :: UK Posts: 57 No Classified Ratings Domain Trader Rating: (0% / 0)	Help with potential company legal action against domain! A contact of mine has a domain which they've owned for around a year and includes a brand/company name (also a generic word!), followed by a word associated with an industry they have now gone in to, but hadn't at the time. The company have been in touch threatening legal action etc for use of their name despite the domain being nothing more than a placehold. Suspect it is because the company are now associated with the industry and want the domain themselves; or want to avoid confusion. Where does my contact stand legally? Does the company have a right to take the domain from them, or can an offer to purchase the domain be made? Sure you guys know... (domain name not mentioned for obvious reasons!) Last edited by ian-d; 01-12-2009 at 09:03:32 PM.

03-12-2009, 11:56:08 AM	#8 (permalink)
accelerator Join Date: Apr 2005 Location: England Posts: 4,764 No Classified Ratings Domain Trader Rating: (100% / 31)	You can PM me the name if you'd like my thoughts on it. Rgds __________________ LowPrices.co.uk \| My Twitter \| KeyphraseDomains.co.uk \| Mens Shirts \| Hotels in Bath \| Money Off Code

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Similar Threads
Thread	Thread Starter	Domain Name Community	Replies	Last Post
Neekam Company to Auction "Neekamized" Domain Names Starting at ... - Domain informer	RSS	Domain Name News	0	22-02-2008 09:59:05 AM
Morgan Stanley Vs Meow (Felix domesticus)	retired member 1	Domain Name Disputes	5	03-05-2007 07:55:14 PM
Registering domain names with the right company is crucial - Domain informer	RSS	Domain Name News	0	31-01-2007 01:59:06 PM
UK Domain Name Glossary	admin	Introductions	0	25-03-2005 06:31:19 PM

02-12-2009, 07:50:34 AM	#2 (permalink)
stender Join Date: Nov 2005 Posts: 2,309 No Classified Ratings Domain Trader Rating: (96% / 26)	If it contains a trademark then I would give it up to the company without arguing

02-12-2009, 09:41:18 AM	#3 (permalink)
aZooZa Join Date: Nov 2005 Posts: 3,995 No Classified Ratings Domain Trader Rating: (100% / 46)	Is it parked with ads relevant to their TM? Or is it just bland placeholder?

02-12-2009, 10:27:12 AM	#4 (permalink)
ian-d Member Join Date: Jan 2008 Location: Cheshire :: UK Posts: 57 No Classified Ratings Domain Trader Rating: (0% / 0)	There is a single page site with text referring to the domain name and an generic image of the industry the domain is associated with, but no reference at all to the trademark (other than in the name!) and no trademark logos/images.

03-12-2009, 09:57:39 AM	#5 (permalink)
invincible Join Date: Feb 2005 Location: The Island of Mustique, St. Vincent & The Grenadines Posts: 1,000 No Classified Ratings Domain Trader Rating: (100% / 4)	There's usually more to it than meets the eye so I suggest he takes appropriate legal advice. Often the initial consultation can be free. Briffa and Adlex are two specialist law firms, which I suggest, that can offer this if he doesn't know anyone else. Google for details on them both. I believe the heads of both firms are also Nominet DRS Independent Experts.