Email asking for eu domain bought on 7th April

ScottJ · 11-05-2006, 04:17:04 PM

I reg'd an eu on the 7th April and today I receive an email

Quote:

To whom it may concern,
I write with regard to the above domain name.

We pre-registered to obtain this domain name through our internet service provider (1&1) on 14.03.06 within the SunriseII period, however, they unfortunately advised us after the sunrise period ended, that they were unable register it due to yourselves already submitting a request for the domain.

As I am sure you are aware, the purpose of the Sunrise period, was to allow companies the opportunity to register .eu domains with relevance to trading / company names etc.

xxxxxx is a trading name of ourselves, xxxxxx Limited.
We hold / trade with the domains

xxxxxx.co.uk
xxxxxx.com
xxxxxx.info
xxxxxx.tv

We believe you have registered this domain speculatively and have no entitlement to it. To this end, we request that you transfer the domain to ourselves. As a matter of our goodwill, we would be happy to reimburse you for the registration fee you paid to register the domain.

I look forward to your response and a speedy conclusion to this matter, and thank you in advance for your co-operation.

Regards
XXXXXXXXX

It's not really my fault they never secured the domain during sunrise 2, I certainly didnt try and secure it during the sunrise, I bought it in an open market on 7th April and don't know if they really have any rights? Further I have never even heard of them as its basically quite a general term, something along the lines of insurance4.eu but in another genre.

Ellis · 11-05-2006, 07:21:51 PM

Name and Shame Time!

It's not your fault at all - ask them to take it up with their registrar if they're not happy - that'll take them a few months

Regardless of the domain you are perfectly entitled to it

This is funny

"As a matter of our goodwill, we would be happy to reimburse you for the registration fee you paid to register the domain."

Don't budge an inch and name your own price

ScottJ · 11-05-2006, 07:34:12 PM

I have heard that if you offer to sell the domain then you are making it easier for the domain to be taken away from you - seeing as your then seen to be trying to profit from their TM?

They do have TM beside their name on their websites (loans4)

I did reply and stated that I never applied for their domain during the sunrise 1 or 2 and that they had plenty of opportunity if they felt that they had the right to it, I bought it on the 7th when it was open to the public.

Ball is back in their court I guess.

tifosi · 11-05-2006, 08:28:24 PM

If they had correctly gone through the sunrise period they would have been instructed to provide documentation to prove this.

That they hadn't, or it was rejected, meant that it was available at landrush.

texidriver · 11-05-2006, 11:08:23 PM

[quote=sji2671].....
They do have TM beside their name on their websites ....

That means nowt, look it up here...http://www.patent.gov.uk/tm/

is it a 'community trade mark' (CTM) ?

did you whois these ?

xxxxxx.co.uk
xxxxxx.com
xxxxxx.info
xxxxxx.tv

it looks like a form letter, just fishing.

singlefile · 11-05-2006, 11:16:34 PM

Do not offer to sell. If I were you, I'd simply ignore them.

tmsdomreg · 12-05-2006, 10:48:30 AM

If they had applied for it during the Sunrise period it wouldn't have been available for general purchase on April 7 (even if the application had failed).

As I understand it, the first batch of Sunrise failed domains are being published on May 24 for release June 10.

Peter

Beasty · 16-05-2006, 12:35:04 PM

Quote:

Originally Posted by sji2671

They do have TM beside their name on their websites (loans4)

You may want to google "phone4u.co.uk" to find some info about a High Court action from last year between Phones4U and a guy who registered phone4u.co.uk. The matter has now been heard in the Court of Appeal and judgment is awaited - but as things stand the registrant of phone4u.co.uk won and was allowed to keep his domain by the High Court.

PM me if you want a full copy of the High Court judgment - I don't think it's published online on any free databases. The Appeal judgment was listed to be handed down a while ago - but was then put back. I'd expect it to be out sometime in the fairly near future.

ScottJ · 16-05-2006, 12:38:52 PM

Thanks for that, I'll wait to hear back from them - if they get back.

Beasty · 16-05-2006, 01:36:56 PM

Quote:

Originally Posted by sji2671

Thanks for that, I'll wait to hear back from them - if they get back.

No worries. When LJ Jacob delivers his judgment on the phone4u.co.uk case, I'll post a link on here.

11-05-2006, 07:21:51 PM	#2 (permalink)
Ellis Join Date: Aug 2005 Posts: 826 No Classified Ratings Domain Trader Rating: (100% / 5)	Name and Shame Time! It's not your fault at all - ask them to take it up with their registrar if they're not happy - that'll take them a few months Regardless of the domain you are perfectly entitled to it This is funny "As a matter of our goodwill, we would be happy to reimburse you for the registration fee you paid to register the domain." Don't budge an inch and name your own price __________________ Alex

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
Detagged Domain Names FAQ	admin	Detagged or Suspended UK Domain Names	0	04-11-2005 09:01:37 PM
UK Domain Name Glossary	admin	Introductions	0	25-03-2005 06:31:19 PM

11-05-2006, 07:34:12 PM	#3 (permalink)
ScottJ Join Date: Nov 2005 Location: Aberdeenshire, Scotland Posts: 1,362 No Classified Ratings Domain Trader Rating: (100% / 16)	I have heard that if you offer to sell the domain then you are making it easier for the domain to be taken away from you - seeing as your then seen to be trying to profit from their TM? They do have TM beside their name on their websites (loans4) I did reply and stated that I never applied for their domain during the sunrise 1 or 2 and that they had plenty of opportunity if they felt that they had the right to it, I bought it on the 7th when it was open to the public. Ball is back in their court I guess.

11-05-2006, 08:28:24 PM	#4 (permalink)
tifosi Join Date: Oct 2004 Location: Lancashire Posts: 1,906 No Classified Ratings Domain Trader Rating: (100% / 9)	If they had correctly gone through the sunrise period they would have been instructed to provide documentation to prove this. That they hadn't, or it was rejected, meant that it was available at landrush.

11-05-2006, 11:08:23 PM	#5 (permalink)
texidriver Join Date: Feb 2005 Location: Beckofbeyond Posts: 491 No Classified Ratings Domain Trader Rating: (100% / 1)	[quote=sji2671]..... They do have TM beside their name on their websites .... That means nowt, look it up here...http://www.patent.gov.uk/tm/ is it a 'community trade mark' (CTM) ? did you whois these ? xxxxxx.co.uk xxxxxx.com xxxxxx.info xxxxxx.tv it looks like a form letter, just fishing.

11-05-2006, 11:16:34 PM	#6 (permalink)
singlefile Join Date: Oct 2004 Posts: 251 No Classified Ratings Domain Trader Rating: (100% / 2)	Do not offer to sell. If I were you, I'd simply ignore them.

12-05-2006, 10:48:30 AM	#7 (permalink)
tmsdomreg Join Date: Mar 2006 Location: Bridgnorth, Shropshire Posts: 123 No Classified Ratings Domain Trader Rating: (0% / 0)	If they had applied for it during the Sunrise period it wouldn't have been available for general purchase on April 7 (even if the application had failed). As I understand it, the first batch of Sunrise failed domains are being published on May 24 for release June 10. Peter

16-05-2006, 12:38:52 PM	#9 (permalink)
ScottJ Join Date: Nov 2005 Location: Aberdeenshire, Scotland Posts: 1,362 No Classified Ratings Domain Trader Rating: (100% / 16)	Thanks for that, I'll wait to hear back from them - if they get back.