Discussion in 'Nominet General Information' started by DaveLeeds, Sep 16, 2013.
Choosing carefully who you let broker for you is of paramount importance.
The danger of contacting end users!
I'm a bit confused with the is it generic or not stuff though. The term is not being used in it's generic/descriptive way by paramount and no matter how well known the company is I'm struggling to see how that makes the domain/term/word no longer generic?? It's like saying orange is no longer a generic word because everyone has heard of the mobile phone company!
The respondent was given the opportunity to provide instances of other companies or uses of the domain but failed to do so. But I think the clincher was the 'broker' approaching the high profile end user and basically telling them that if they don't buy the name according to their plan then it may go to auction. I believe that was the red rag.
Given time - unfortunately yes.
Say a company, Example LTD, want example.co.uk but it's owned by a domainer.
Could they hire a fake "broker" to contact them, pretending to be on example.co.uk owners behalf offering them the domain name..
Then they can take it to the dispute resolution service and can get awarded the domain?
How do they prove the broker is actually working for you, if you were to deny it.
There are good and bad ways to approach the end user. It depends on what is the name and rights to name by end user, how it was used so on. Everything has to be taken in to account and and decided up on.
There were no disputes after taking apple.co.uk to end user. So it does work but as everything you need to know what you are doing.
Orange is orange i.e. generic word, but it can’t be claimed to have generic meaning when used to promote telecommunications.
Stuff like “buy red mobile phone here, buy orange mobile phone here” could be claimed as infringement.
Good question. When disputed, Expert probably will look at any other claims to make a decision. That should’t be enough on its own.
Interesting read, but a touch one to judge. Ultimately it is generic and I guess the lack of evidence of how many companies are using it as a name has gone against them
The only other evidence was the linking out, which was I believe just because it was parked.
Thinking out loud but..
If you have an extremely valuable domain name, would it be prudent to register a trademark purely to protect from this sort of thing?.
Or would that of even helped in this case do you think?.
Interesting read....I wonder if the decision would have been different had A Hugh been able to provide evidence that his broker had contacted the other so called "interested parties", ie if there had happened to be a "Paramount Driving School" or "Paramount Dry Cleaners" (or whatever) and at the very least they had some form of documented email correspondence with these other companies inviting them to bid for the domain too.
Obviously no small company could have actually paid £120,000 but it would be hard to see how Nominet could find the registration abusive if they could at least prove contact with a range of companies, unless the mere fact that the asking price was so astronomical could be said to imply there was only ever one intended buyer.
Yes exactly Stellar. Someone went in to this in a very naive manner indeed.
Separate names with a comma.