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Old 14-02-2012, 10:56:45 PM     #11 (permalink)

 
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Originally Posted by invincible View Post
...I don't consider "Emirates" to be a geographical name, and I consider it has acquired significant secondary meaning to the extent that I can only contemplate the Complainant in relation to it...
You don't consider it to be a Geo, but you consider its significant secondary meaning to contemplating the Complainant. Then exactly what do you consider to be the primary meaning?
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Old 14-02-2012, 11:18:11 PM     #12 (permalink)

 
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You don't consider it to be a Geo, but you consider its significant secondary meaning to contemplating the Complainant. Then exactly what do you consider to be the primary meaning?
I put it in the same category as coke.co.uk and that is putting aside how the Respondent made use of the domain name.
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Old 15-02-2012, 12:44:31 AM     #13 (permalink)

 
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Originally Posted by invincible View Post
I put it in the same category as coke.co.uk and that is putting aside how the Respondent made use of the domain name.

Whis the case of a geo it was the Barcelona.com that set the rules in a USA court when won the case again the local council. .com is different from geo .co.uk.
Also agree that Emirates is not geo location in the terms Geo but a brand same as Coke, but not Coca Cola same other products in the field a generical brand.

These days companys use the law to get your domains they pay for the TM ect use that along with other info that stacks against you.

A company like Emirates will be using top expensive legal team in UK who will know the law inside out, and use that to there advantage. this could go on for years in and out of court just running up a legal bill for both sides and one with deep pockets 99% time wins.
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Old 15-02-2012, 12:07:56 PM     #14 (permalink)

 
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Wish Michael all the best with this. Hope it comes to a happy conclusion!

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Old 15-02-2012, 12:11:22 PM     #15 (permalink)

 
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uae is called emirates

Its what the local's call the place

Doug
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Old 15-02-2012, 12:19:12 PM     #16 (permalink)

 
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Originally Posted by domainking View Post
Whis the case of a geo it was the Barcelona.com that set the rules in a USA court when won the case again the local council. .com is different from geo .co.uk.
Also agree that Emirates is not geo location in the terms Geo but a brand same as Coke, but not Coca Cola same other products in the field a generical brand.

These days companys use the law to get your domains they pay for the TM ect use that along with other info that stacks against you.

A company like Emirates will be using top expensive legal team in UK who will know the law inside out, and use that to there advantage. this could go on for years in and out of court just running up a legal bill for both sides and one with deep pockets 99% time wins.
Are you saying they acquire the trademark post the domain registration and try to use that to claim the name ?
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Old 15-02-2012, 12:21:33 PM     #17 (permalink)

 
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Are you saying they acquire the trademark post the domain registration and try to use that to claim the name ?
Im not saying anything. its the sort thing I would do.
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Old 15-02-2012, 12:28:14 PM     #18 (permalink)

 
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Im not saying anything. its the sort thing I would do.
Yes I've had a case where someone tried to buy a name from me which I didn't want to sell and they acquired a trademark for the exact non generic term . Dirty tricks or what ?
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Old 15-02-2012, 12:40:53 PM     #19 (permalink)

 
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Quote:
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Are you saying they acquire the trademark post the domain registration and try to use that to claim the name ?
Visit here and search for "Emirates" with search type set to "Exact" from the drop down. There are 3 results. 2 from the mid 1990s relating to a graphic and 1 filed on 27/06/2011 with opposition currently outstanding.
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Old 15-02-2012, 12:51:25 PM     #20 (permalink)

 
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Quote:
Originally Posted by websaway View Post
Yes I've had a case where someone tried to buy a name from me which I didn't want to sell and they acquired a trademark for the exact non generic term . Dirty tricks or what ?
No, not at all. Clients I work with have domain names that predate the registration of trade marks by others on matching terms. If the trade mark holder can demonstrate that they have built up goodwill in the term they are applying for a trade mark on why shouldn't they attempt to trade mark it? Owning an identical domain name shouldn't have any bearing on a trade mark application unless the domain name Registrant can demonstrate that they have also been trading using the term in a similar way. If they can then they might have good grounds to oppose.
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