Advice required for domain name dispute

[Jimmysausage]

Hi all,

I have currently aquired a .mobi domain name which i have now recieved a legal letter about. The company are a big telecommunications outfit and are requesting i transfer the domain name back to them as it infringes on there trademark, can anyone give me any advice on how i should proceed with this?

Best Regards,

Jimmy

 

[grantw]

Is it a blatant infringemet and did you register it *because* it infringes on the company or did you register it for a genuine purpose?

Grant

 

[Jimmysausage]

Hi,

The company don't own the .com or the .co.uk of this domain, to be honest i bought it to develop a business idea on. I can see why they want this domain name, but since hey never registered it during the sun rise period i thought i would be able to use it.

Regards,

Jimmy

 

[grantw]

If you post the domain someone may be able to advise you on where you stand. If you post it please disguise it with spaces between the letters or something or google will pick it up.

Grant

 

[Jimmysausage]

Hi,
Thanks for your reply, The doman name is egnaro senohp.mobi. If you reverse the words you will see the correct domain name.

 

[domaingenius]

Hi,
Thanks for your reply, The doman name is egnaro senohp.mobi. If you reverse the words you will see the correct domain name.

That will be an interesting case !. Let it run and see what they do coz I dont think that they could win a case against you.

DG

 

[Jimmysausage]

Hi ,

Thanks for your reply, What do you think would be the next course of action i should take is? Should i just sit back and wait for there next move?

Regards,

Jimmy

 

[retired_member16]

Yes. Dont do anything with it (and that includes parking it) and see where they take you in the next week or so.

 

[domaingenius]

Hi ,

Thanks for your reply, What do you think would be the next course of action i should take is? Should i just sit back and wait for there next move?

Regards,

Jimmy

Most importantly do not put any adverts on it that relate to the complainants business ,or even anywhere near it, and just putr a simple webpage up "This website is under construction. Enquiries to [email protected] etc"

DG

 

[static]

Hi,

The company don't own the .com or the .co.uk of this domain, to be honest i bought it to develop a business idea on. I can see why they want this domain name, but since hey never registered it during the sun rise period i thought i would be able to use it.

Regards,

Jimmy

Registering and using are not the same issue. You can register in the land rush phase, which is akin to Nominet's 'first-come, first-served' principle, but usage is an entirely different legal point.

How are the .com and .co.uk variants being used? Are they encroaching on the ip territory of the company? If not then the registrants of those name are on solid ground.

 

[grandin]

bad faith

Experts will be looking to see if the name is registered in bad faith. If you are saying the name is a reversal or actual name of a well known trade mark then it could be deemed a 'registration in bad faith'.

I recommend you give it up

 

[retired_member12]

A simple question comes to mind: Why did you register this particular domain name? Are you going to be selling actual o*a*g* coloured p*o*e*?

 

[tmsdomreg]

Any page/pages you put to it, make sure they comply with the dot-mobi criteria for display on a mobile phone/pda.

Peter

 

[seanc]

Is the name you regg'ed backwards or did u type it like that to disguise it from google?


theres plenty of the normal spelling available to reg, so i cant see why
they want yours and why they havnt regg'ed the others.

 

[Jimmysausage]

Hi all,

thanks for your advice, The domain is spelt backwards for the purpose of avoiding google. I have been receiving quite a few different pieces of advice about this. If there is someone out there that would like to buy this domain name from me please give me an offer. There might be someone who is experienced in this matter who can take up the battle with the company better than i can

Regards,

Jimmy

 

[static]

Is the name you regg'ed backwards or did u type it like that to disguise it from google?


theres plenty of the normal spelling available to reg, so i cant see why
they want yours and why they havnt regg'ed the others.

 

[grandin]

why why why

why buy it

and

why complain about it

Lee

 

[Jimmysausage]

Hi,

At no point have i ever complained about anything!! This post was to simply ask for advice from the knowledgable people that post on this forum. I registered the domain name as i had a business idea which would suit this domain name.
Thankyou to all who have given me good advice so far

Regards,

Jimmy

 

[Pred]

.mobi

Hi Jimmy,
think I am well placed to give you advice. I think i have already had the first .mobi lawcase! Well it didn't go that far!
Just tell you what happened! LOL
tbh i don't reg tm's or typos, never have. a lot of domainers do though.
i regged one which looking back was pretty silly, it was out of stupidity really!
I had noticed c o c a i n e.com getting loads of offers & v a l i u m (.uk) being offered on here & ebay & just thought they weren't branded. Didn't even think the v one was even used anymore.
I thought could be a great .mobi & could be a word like adrenaline etc LOL
Anyway, luckily only paid about $24 for it.
Got an email from R o c h e.com, legit etc
Looked on google & felt a right plum. They have a tm going back to the 1960's, so said sorry, gave back for free, i even held their hand through the transfer process! LOL
I thought they could have given me the regfee back as that's all i asked! But against their 'policy'.
Basically i had no choice & ultimately tm's are there for a reason.
In your case it's not so black & white. I expect their policy is to straight away snap up everything remotely relating to them, safing problems later. They should just offer you a token amount & am sure you would accept, cos if i'm honest the names not that great, i know you said you wanted to develop though.
You could fight it, but what mere mortals can afford these wipo court cases. Not us, & big business is so pigheaded they would just spend it.
You have had good advice so far.
Put a temporary site up, or park unrelated.
Wait a week or so & see what they say. If it's stressing you just tell them you have regged in good faith & you just need reg fee & an admin fee & you will push back, as sometimes it's just not worth it, & the f*ckers know it.
I expect a lot of this. In my case i have no arguments , as i have a tm too, & they need to be looked after. There will be stacks of companies who missed the boat though & will be going after generics, saying they relate to their business & being heavyhanded. I can just see it. A good time to be a domain lawyer!
Good luck Jimmy, let us know what you end up doing.
Cheers, Predator

 

[Jimmysausage]

Thanks to everyone who has given me advice about this so far. I think i will write a letter to them today and see what happens from it.

Regards,

Jimmy