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Advice required

Discussion in 'Domain Name Disputes' started by mibut, Aug 4, 2010.

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  1. mibut United Kingdom

    mibut Active Member

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    I have a generic name, arearealestate.co.uk (area being an italian state/county name), bought and in use since 2007.
    The com is owned and used since 2002 by an italian estate agent.
    The italian estate agent has now (1st July) taken out an eu trademark on area real estate and wants the co.uk which I own closed down.
    My first reaction is to say they haven't a leg to stand on but .......
     
  2. Domain Forum

    Acorn Domains Elite Member

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    IWA Meetup
     
  3. Edwin

    Edwin Well-Known Member

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    "real estate" is pretty much a worthless expression in the UK market, so not worth losing sleep over either way!
     
  4. foz

    foz Well-Known Member

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    Defendable as your registration pre-dates the complainants mark.
     
  5. grantw United Kingdom

    grantw Well-Known Member

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    arearealestate.co.uk doesn't look to be in use to me??

    Grant
     
  6. foz

    foz Well-Known Member

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    "a" part meaning the state/county. Me thinks.
     
  7. grantw United Kingdom

    grantw Well-Known Member

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    lol, I thought 'area' was a strange name for an italian county !!!!!!
     
  8. mibut United Kingdom

    mibut Active Member

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    Edwin, worthless to you maybe but seeing as I have made my living from so called worthless real estate names for over 9 years I think you should stick to selling names and I will stick to developing.
     
  9. accelerator United Kingdom

    accelerator Well-Known Member

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    Your domain pre-dates their trademark, so my opinion is you should be fine.

    The term also seems entirely generic, so to my mind it's questionable that a trademark should ever have been granted.

    Rgds
     
  10. grantw United Kingdom

    grantw Well-Known Member

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    In theory you are on safe ground, also in theory it could be viewed that the .com owner has taken out the trademark as part of a reverse hijacking attempt on your domain.

    Has the owner ever approached you before?

    Grant
     
  11. mibut United Kingdom

    mibut Active Member

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    No, never been approached before re this name.
     
  12. grantw United Kingdom

    grantw Well-Known Member

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    I suppose it comes down to how much you want to keep the site and how much it makes you versus the expense of defending it - if they DRS then obviously it's free unless you need advice, if they go legal then it could get costly.

    They may just be trying it on and go away but then again...........

    Grant
     
  13. mibut United Kingdom

    mibut Active Member

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    My first thought was that they are trying it on.
    Awaiting a letter from their lawyers, which will be interesting as the letter has apparently been sent in Italian. They are also supposed to have faxed the letter to me but the number they supposedly sent the fax to was not mine and I do not own a fax anyway.
    I am pretty sure that at the moment they do not understand the nominet dispute process as they "threaten" with the law in Italy.
    Think a case of wait and see.
     
  14. retired_member32

    retired_member32 Retired Member

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    i am confused to why a italian would want a uk generic domain ? if he wants it let him pay for it.....just make a figure up and multiple it by ten :rolleyes:

    how much would a specialist solicitor cost and the hassle.....ermmm i think he might be trying it on mate..

    if you want to keep it then i would just ignore him
     
  15. Retired_member41

    Retired_member41 Retired Member

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    Who on earth registered the actual domain arearealestate.co.uk in Jan 2010 then? And there is a .com in use in florida.
     
  16. bensd United Kingdom

    bensd Well-Known Member

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    I don't think that is the domain, it was meant as [area]realestate.co.uk
     
  17. mibut United Kingdom

    mibut Active Member

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    An update.

    Seems that the trademark has been applied for but not yet granted.
    Trademark applied for is a "Figurative" mark, not a "word" mark.

    Italian lawyers letter arrived today
    Demands the site is shut down
    Demands destruction of all materials supporting the site under my improper ownership.
    Demand to be informed and supplied with adequate documentation of the above.
    Demand a declaration renouncing ownership and recognizing exclusive rights for their client .....
    Say that they may demand compensation for any damages in a court of law.
    Various other warnings
    and finally
    demands a response.

    Response from me will be none forthcoming and the site will continue. :D
     
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