nickynoodles

Hi guys,

The company I'm consulting for at the moment wants to start a DRS regarding a co.uk that they obviously(?) have rights too. They own the tm, the .com, have been in business for years and the registration, I would guess, would be construed as abusive given that they're running AdSense on it. (The top add is usally for this company).

What's the best way to go about writing the document to send to Nominet? Is there a template to follow, or does anyone know a good solicitor / professional that can do it for me. Not sure where to start.

Any advice appreciated as I want to give them the best possible chance of getting the domain.

Cheers.

admin

I would read previous DRS results and look at the criteria used by the person making the judgement on why they gave a favourable result.

The main thing is to show you have rights to the name, with brochures, reg'd TM, etc. basic company materials showing your use of the name in your business

I've never done one but that's the approach I'd take.

Admin

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James

What makes you so sure?

> This will not be very relevant if the TM is a generic keyword unless they are using it exclusively in a class you have trademarked. Otherwise your case may be pretty weak.

> This would again could be irrelevant if the .com/.co.uk is a generic keyword.

> You sound like you're guessing... and that makes me concerned that the company in question might be about to target the owner of a generic domain. If the domain owner is not exclusively targeting your business then your case may be weak.

If the domain is generic, but your company advert is the top listing, you need to ask how it is that that advert appears on the parking page at all. Is the company in fact targeting the domain owner's generic keyword in its PPC advertising? If so, that could be construed as a reverse hijack attempt.

nickynoodles

Thanks for the input guys, also via PM.

@James .. The domain isn't in any way generic, it's a trading name that has been used for many years.

James

Ah, sorry... feeling a bit touchy about this subject at the moment. Currently being harrassed by a company who want one of my .com domains.

keys

Has your client made any contact with the alleged offender? Can you be sure that they are aware of your client and the TM?

nickynoodles

The registrant is abroad. Contact hasn't been made, as I would guess they'd want more than the cost of a DRS to give up the domain.

They're probablly making £xxx a month from the AdSense as my client is a big offline advertiser and I believe many people are going to the co.uk first.

foz

Are their multiple marks for the term?

Does the site contain advertising relevant to your clients TM class?

Have you explored the direct approach by purchasing the domain (DRS cost (£200-£750) plus legal fees can soon add up)?

keys

Assumptions and lack of evidence are usually a benefit to defendants in DRS. You ony get one chance to prepare a complaint. On the sketchy details that you have given a favourable decision might be a formality, but some strong cases have been lost as a result of poor preparation.

afx

A "trading" name is a little vague. Are you saying it is a made up word, ie. definitely not a dictionary word ?

Also is your clients TM a CTM with rights for use in the UK or do they have UK trademark ? Or is it a US TM only ?

Could another company other than your clients assert rights to the name ?