|
|
| Domain Name Sales | Domain Software | Calculate UK Domain Drop Dates | Domain Registration | NameDrive | Domain Parking | Subscribe to our Domains For Sale newsletter |
|  | ||||||
| Home | Register | Rules | Membership Upgrade | Domains For Sale | Domain Name Escrow | Mark Forums Read | Domain Classified | Chat Room |
| Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP |
 |
| | LinkBack | Thread Tools | Display Modes |
30-09-2011, 04:18:53 PM
| #1 (permalink) |
 | Help with Legal email .com and org.uk
I've got a generic site on a org.uk and have received an email from solicitors of the owners of the .com site, demanding that i change my business name because it's infringing on their rights/tm. They are claiming that I am 'passing off' as them. They have a TM for "xyz.com" but NOT xyz or xyz.org.uk - dont really want to go into too much detail but glad to receive opinions of other members via pm. Thanks Matt |
|
|
30-09-2011, 07:24:02 PM
| #3 (permalink) | |
| | Quote:
| |
|
|
|
01-10-2011, 11:46:29 AM
| #4 (permalink) | |
| Join Date: Mar 2010 Location: I have retired from Acorn, rampagejackson321 at gmail if u need me.
Posts: 621
  Domain Trader Rating: (100% / 2) | Quote:
Are you sure the complaint relates to the domain itself, and not what you've put on it? I would deliberately go with completely different colour schemes, layouts and so on. With a similar domain I wouldn't want to rack up legal bills if they are saying the "passing off" relates to you making your website look like theirs.... even if you won you'll have a pile of bills and wasted time  Last edited by Frog; 01-10-2011 at 11:47:51 AM. Reason: too early in morning... theirs not theres! | |
|
|
|
05-10-2011, 05:24:36 PM
| #5 (permalink) |
| Junior Member |
Did they obtain the tm before you registered your domain? What are the goods/services of yours vs theirs? Make sure they are as different as possible using a different layout, color scheme etc as noted in the prior post. Try to dig up any history you can about your domain and theirs to see how they were used in the past. I presume their tm was registered in the UK (they are using solicitors). Your best argument is that by specifically filing the mark to include the [dot]com, they chose that specific extension over all others and did so knowing that other extensions existed. I suspect the [dot]com was used because the generic would have been otherwise rejected as a tm registration. If you need further views send me a pm. Good luck Paul |
|
|
|
| Bookmarks |
| Thread Tools | |
| Display Modes | |
| |
Similar Threads | ||||
| Thread | Thread Starter | Domain Name Community | Replies | Last Post |
| Dental domains. .co.uk/.org.uk & .com/.net only | JMOT | Domain Name Wanted | 7 | 20-09-2011 08:37:05 AM |
| If it's not a .com, .co.uk, org.uk or .net | killaclown | Domain Research | 3 | 25-05-2011 01:09:46 PM |
Linear Mode
