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Potential hot potatoe or safe?

Discussion in 'Domain Name Disputes' started by Deltrus, Nov 19, 2011.

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  1. Deltrus

    Deltrus Active Member

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    I have a .CO.UK domain which was registered in 2008 when I thought it would just make a nice sounding brand for something or other.

    I have never done anything with it so far but the interesting development is that a major (foreign) phone manufacturer has recently released a smartphone handset with that exact name.

    From relative obscurity GKT now reports the word as getting 90,500 Global exacts but the Local UK exacts are still currently only at 1000.

    As the domain was registered at a time when a smartphone with that name probably hadn't even been dreamed of, am I correct in presuming that there is no danger of the company trying to take it off me?

    If that is the case what do you think would happen if I was to now set up an affiliate site promoting the handset of that name? Would that be considered wrong? It's not as if I am domain squatting, I had the domain before their product existed. :confused:

    I'd be interested to hear what people think is the best thing to do with it.
     
    Last edited: Nov 19, 2011
  2. Domain Forum

    Acorn Domains Elite Member

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    IWA Meetup
     
  3. Edwin

    Edwin Well-Known Member

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    You would presume wrong. If they're a large company, they're likely to TRY and take it off you (though if you defend yourself well and the facts really are as you outlined them i.e. their product didn't exist at the time you might be ok)

    However, if you use it IN ANY WAY that is connected to their brand, you've just helped them make their "bad faith" argument and they'll take it off you. So if it's a mobile phone-related domains, you'd be better off A) pointing it to a completely blank page or B) pointing it to a page with something pointless and unrelated to mobile phones, like a photo of a potato.

    Whatever you do, DON'T A) point it to PPC parking, B) point it to ANY mobile phone affiliate program, or C) point it to anything even tangentially related to mobile phones

    The problem is that you now have a classic Catch 22 situation: you have a domain that may well be defensible, but which is of no use at all in its rapidly-becoming-popular association because as soon as you make use of that association, you expose yourself to losing the domain.
     
  4. Deltrus

    Deltrus Active Member

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    Doesn't sound too good for me then. :-?

    Now where to find a good spud to take a snap of? :D

    Darn! I spelt Potato wrong in the title.


     
    Last edited: Nov 19, 2011
  5. accelerator United Kingdom

    accelerator Well-Known Member

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    Edwin has given you most of the info. If you want to PM me the name I'll add my input. Your PM box is full.

    Rgds
     
  6. Deltrus

    Deltrus Active Member

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    I made a bit of space in my inbox. PM Sent.
     
  7. stellar73 United Kingdom

    stellar73 Active Member

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    Out of interest wouldnt the obvious answer here be to attempt to sell the name to the mobile company or could even this be considered to be acting in bad faith? (ie if a lot of money was being asked for)
     
  8. Ashton Canada

    Ashton Well-Known Member

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    Yep, offering to sell would give them material to use in a DRS.
     
  9. lancsman

    lancsman Member

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    I like the idea of the potato - preferably with a overlay of a mobile phone keypad / screen on it.

    Obviously not a brand that could be instantly recognised !!!!

    John
     
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