Domain Manage

Rights

Discussion in 'Domain Name Disputes' started by philipp, Feb 6, 2007.

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  1. philipp United Kingdom

    philipp Active Member

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    This is a question for my general interest really - but what happens if a legitimate site which has rights in some TM classes starts trading outside of its class? Let's say it's an honest oversight (if that makes a difference).

    Does the registrant automatically become vulnerable to DRS, should the rights-holder complain, or does the fact that the registrant has rights in the name mitigate its vulnerability to a certain extent?

    I guess what I'm asking is if an online umbrella-seller oversteps the mark and starts selling galoshes too, can a prior rights-holder in the latter class swoop in and nab his domain?

    Thanks,

    P.
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. yesterday United Kingdom

    yesterday Active Member

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    I think there are many issues at stake.

    First is straightforward trademark infringement i.e. google publishes a trademark that they have been forbidden to do
    and Passing off - affiliate selling tescoinsurance with tescos permission loses domain

    and then there's meta tags, links, logo useage, etc that everybody, including big sites often infringe.

    I think it comes down to bad faith mainly, if they judge you to be doing as purposeful accident then you're a badun.

    However, I have a gut feel that once the domain is developed in some believable way (which they don't tend to judge parking as), then the case for bad faith in registration somehow comes second to "bigger" issues of bad faith in useage which tends to be decided in court.

    I think it is this type of argument that leads ultimately to their being no justification for Nominet to decide anything with regards to rights of ownership and should concentrate on being a secure and reliable registrar - but that's an old story.

    yesterday
     
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