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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 22-01-2010, 10:50:29 AM     #1 (permalink)

 
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Dropped Domain TM Issue

Hi guys,

Hoping someone can help with some advice, posting this on behalf of a friend (here in the UK).

His company held the domain name 'CompanyVideos.com'
Company being their Company name which is also a Trademark in the UK, USA, Europe & Asutrailia.

They were away on a business trip at the time of renewal and unfortunately due to a change of registered address (and problems with 123-Reg) were unable to prevent the domain dropping. So the domain dropped and it was caught, the WhoIS has been privacy protected and there's no contact details available.

The question is, can my friend put in a claim on the basis of the TM being in the domain name? They had previously used the domain as a private FTP area for videos, and were planning on releasing a new site for their videos in the coming months.

Any advice on this would be greatly appreciated!
Thanks, Greg
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Old 22-01-2010, 10:55:47 AM     #2 (permalink)

 
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I think they should engage a good domain lawyer if they have any sort of budget for that kind of thing. The ability to call on professional advice is probably worth a lot in this situation; at the very least, they'll be sure they're doing the right thing at every stage.
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Old 22-01-2010, 10:57:41 AM     #3 (permalink)

 
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OK thanks for the reply Edwin, much appreciated, would they be best contacting someone in the UK for that, or in the States? Thanks, Greg
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Old 22-01-2010, 10:59:41 AM     #4 (permalink)

 
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Try asking someone like John Berryhill in the US.

Have they asked for a price re: getting the name back? That would be the simplest solution.

Doing a UDRP can get expensive when you take the time and legals into account, and you have to prove bad faith. Also if you try and lose then you're over a barrel.
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Old 22-01-2010, 11:08:06 AM     #5 (permalink)

 
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Thanks Ty, have actually posted a similar thread on *******.com in the John Berryhill sub-forum. Will pass on all these responses to my friend and let him take it from there.

Thanks again,
Greg
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Old 22-01-2010, 08:11:49 PM     #6 (permalink)

 
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Good luck with that and I hope your friend gets it at the end.
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Old 22-01-2010, 09:23:42 PM     #7 (permalink)
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Might be worth using Zak Muscovitch. Not used him personally, but he comes highly regarded by ******* users. No idea what he charges, perhaps it's gone up since he successfully defended groovle/com against Google.

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