people against a mega corporation

scooter · 26-07-2010, 11:16:02 PM

Interestingly, I see none of the below have been reg'd:

dysanparts.com
dysanparts.co.uk
dysanspares.com
dysanspares.co.uk

.

GreyWing · 26-07-2010, 11:20:49 PM

Quote:

Originally Posted by scooter

There are a lot of businesses that now start up with the net as their main focus and walk in visitors to their shop as secondary.

It reminds me of a chairman of a company that was on that Radio 3 programme with the guy from Dragons Den, you might have seen it on BBC news channel at the weekends.

Anyway he said that it is cheaper to have a shop open in the town centre, run it as a loss and use it as an advertisement for your online brand. That compares financially better than bidding on keywords and seo through google.

One thinks he had a point.

GreyWing · 26-07-2010, 11:21:47 PM

Quote:

Originally Posted by scooter

Interestingly, I see none of the below have been reg'd:

dysanparts.com
dysanparts.co.uk
dysanspares.com
dysanspares.co.uk

.

Because it's dyson mate, lol your getting as bad as me.

scooter · 26-07-2010, 11:28:23 PM

feck me! so it is

heheh, room here for a little typo cybersquat

I will change the above:
Interestingly I see 3 out of the four domains have been registered and are parked!

.

scooter · 26-07-2010, 11:48:29 PM

Now I wonder. If one was to trade under any of the registered names and had no affiliation with Dyson, what would happen if:

1. You traded in original parts (but still had no affiliation)
2. You traded in "made in china" replica specials

Would they be likely to take action?

If Toyota loses, could i trade under any of the above names no matter where I was buying the spares as I "need" the trademarked name to inform purchasers what manufacturers trademarked name I am selling spares for so they can make an informed decision as to what kind of trademarked spare they actually want to purchase? An original or a "made in china"?

I have to say, I am in favour of UDRP rather than the above. If it is trademarked, it should be up to the trademark holder to decide and UDRP saves the expense involved to going to court.

But i may be wrong.

.

GreyWing · 26-07-2010, 11:52:28 PM

Remember that there is a difference between what is right / wrong, legal and not legal and which way a DRS will go.

The Toyota and Volvo case were judged in America, the land of the free and all that. Here you will be subject to a DRS, I wouldn't like your chances on a .uk name.

scooter · 26-07-2010, 11:59:37 PM

Quote:

Originally Posted by GreyWing

Remember that there is a difference between what is right / wrong, legal and not legal and which way a DRS will go.

The Toyota and Volvo case were judged in America, the land of the free and all that. Here you will be subject to a DRS, I wouldn't like your chances on a .uk name.

I agree and that is the point i am trying to make. I think the american decisions are wrong and that is why i think common sense will prevail and Toyota will win.

UDRP's and DRS's tend to go the same way. If it is a trademarked name and you have registered a name with the trademark in it and are gaining financially from that trademark (as you are trading in the same sector) then you lose the name and ultimately any future financial earnings you would have gained from the name.

.

scooter · 27-07-2010, 12:11:49 AM

If it goes against Toyota, it will open a whoop ass can of worms.

As i said previously, what would be the difference of 2 bonafide businesses starting up with the domain names:
BuyRolexHere.com
CheapRolexHere.com

Are we back in court because Rolex hates the word "cheap" to be described alongside their product? or do the courts stamp on it now and save everyones time by stating it does not matter what the phrase is, if it has "Rolex" in it it is an infringement of their trademark unless they have endorsed it.

.

GreyWing · 27-07-2010, 12:15:11 AM

Quote:

Originally Posted by scooter

I agree and that is the point i am trying to make. I think the american decisions are wrong and that is why i think common sense will prevail and Toyota will win.

UDRP's and DRS's tend to go the same way. If it is a trademarked name and you have registered a name with the trademark in it and are gaining financially from that trademark (as you are trading in the same sector) then you lose the name and ultimately any future financial earnings you would have gained from the name.

.

Yep but the point I would be trying to make is just because you lose a DRS or a UDRp case, doesn't mean that you are in the wrong. These have had a long history of wrongly judging TM rights IMO, Bounce.co.uk etc and loads of other crazy decisions.

It's a tough one and I'd value the judgement of a legal judge rather than a UDRP or a DRS "expert". In my opinion the Toyota and Volvo cases were judged correctly, but each to their own opinion I suppose.

scooter · 27-07-2010, 12:20:36 AM

Fair point. There have been some crazy decisions.

26-07-2010, 11:16:02 PM	#11 (permalink)
scooter Join Date: Apr 2006 Posts: 1,506 No Classified Ratings Domain Trader Rating: (100% / 21)	Interestingly, I see none of the below have been reg'd: dysanparts.com dysanparts.co.uk dysanspares.com dysanspares.co.uk . __________________ Motorhome hire Scotland

26-07-2010, 11:28:23 PM	#14 (permalink)
scooter Join Date: Apr 2006 Posts: 1,506 No Classified Ratings Domain Trader Rating: (100% / 21)	feck me! so it is heheh, room here for a little typo cybersquat I will change the above: Interestingly I see 3 out of the four domains have been registered and are parked! . __________________ Motorhome hire Scotland

26-07-2010, 11:48:29 PM	#15 (permalink)
scooter Join Date: Apr 2006 Posts: 1,506 No Classified Ratings Domain Trader Rating: (100% / 21)	Now I wonder. If one was to trade under any of the registered names and had no affiliation with Dyson, what would happen if: 1. You traded in original parts (but still had no affiliation) 2. You traded in "made in china" replica specials Would they be likely to take action? If Toyota loses, could i trade under any of the above names no matter where I was buying the spares as I "need" the trademarked name to inform purchasers what manufacturers trademarked name I am selling spares for so they can make an informed decision as to what kind of trademarked spare they actually want to purchase? An original or a "made in china"? I have to say, I am in favour of UDRP rather than the above. If it is trademarked, it should be up to the trademark holder to decide and UDRP saves the expense involved to going to court. But i may be wrong. . __________________ Motorhome hire Scotland

26-07-2010, 11:52:28 PM	#16 (permalink)
GreyWing Join Date: Aug 2006 Location: Barnsley Posts: 3,176 No Classified Ratings Domain Trader Rating: (100% / 18)	Remember that there is a difference between what is right / wrong, legal and not legal and which way a DRS will go. The Toyota and Volvo case were judged in America, the land of the free and all that. Here you will be subject to a DRS, I wouldn't like your chances on a .uk name. __________________ Make cash from your website, any website, any sector... That.co.uk Find out more

27-07-2010, 12:11:49 AM	#18 (permalink)
scooter Join Date: Apr 2006 Posts: 1,506 No Classified Ratings Domain Trader Rating: (100% / 21)	If it goes against Toyota, it will open a whoop ass can of worms. As i said previously, what would be the difference of 2 bonafide businesses starting up with the domain names: BuyRolexHere.com CheapRolexHere.com Are we back in court because Rolex hates the word "cheap" to be described alongside their product? or do the courts stamp on it now and save everyones time by stating it does not matter what the phrase is, if it has "Rolex" in it it is an infringement of their trademark unless they have endorsed it. . __________________ Motorhome hire Scotland Last edited by scooter; 27-07-2010 at 12:14:37 AM.

27-07-2010, 12:20:36 AM	#20 (permalink)
scooter Join Date: Apr 2006 Posts: 1,506 No Classified Ratings Domain Trader Rating: (100% / 21)	Fair point. There have been some crazy decisions.

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