Domain Manage

trademarked expired domain, liquidated business

Discussion in 'Domain Name Disputes' started by DarkSky, Jun 28, 2013.

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  1. DarkSky

    DarkSky Active Member

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    I bought a domain a while ago, which had dropped that day. The domain itself seemed reasonably generic and it had a small back link profile (which is why I bought it).

    I've since been contacted by someone who ran the now liquidated business, informing me I am using his trademark.

    The trademark says:

    Does this mean the trademark only covers these kinds of uses? As the business owned by trademark owners has liquidated, does this have any effect on the trademark validity?

    I'm using it as a thin affiliate site, clicking through to 3rd party sites selling gym equipment.


    I'm likely to just pull the site down, it's not much bother, but I'd be interested to know of anyones experience in this?
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. khalid United Kingdom

    khalid Well-Known Member

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    If the Trademark is in his name and it's active you are in breach by using it as you are selling the same thing.

    If you were selling another item or service I don't think it would apply, having had experience in this field myself.
     
  4. DarkSky

    DarkSky Active Member

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    OK That makes sense, thanks.

    Can I 301 the domain to another niche related domain? would this still count as using his trademark?
     
  5. DarkSky

    DarkSky Active Member

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    I think I should try and turn this around and try to sell the domain to them, before they demand I hand it over.
     
  6. namealot United Kingdom

    namealot Well-Known Member

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    Not enough info but the trademarks still belongs to someone? Fact you checked out the name prior then stuck up same type of product.. That’s not smart?

    There are ways to do things but if they've been able to contact you then likely you’ve not implemented any of them I’d say your stuffed ?
     
    Last edited: Jun 28, 2013
  7. DarkSky

    DarkSky Active Member

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    Hi, I hadn't checked the name (not domain) out at all, other than the backlink profile, and archive.org. I saw it dropping, it looked generic-ish, It didn't cross my mind to check out trademarks, I never have before, but will in future!

    The domain is exercise related, which is why I put up that type of product.
     
  8. invincible

    invincible Well-Known Member

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    Impossible to answer this without knowing the domain name. Email me the domain name and I'll try later or consult an appropriate solicitor.


    (from iPhone)
     
  9. khalid United Kingdom

    khalid Well-Known Member

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    No, you can't profit from it in the same area.

    Is the trademark for text or logo?
     
  10. DarkSky

    DarkSky Active Member

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    The trademark is for text, 5 variations of (same string, different casings)
     
  11. DarkSky

    DarkSky Active Member

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    I have emailed you, thanks :)
     
  12. khalid United Kingdom

    khalid Well-Known Member

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    I would say even harder to use then
     
  13. foz

    foz Well-Known Member Exclusive Member

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    A complaint would have to be brought by the liquidated business (Administrators) not the person who ran it. So if the Trademark is in a limited company name (and is now liquidated) the mark has no validity as the entity that owned it no longer exists.
     
    Last edited: Jun 29, 2013
  14. lee United Kingdom

    lee Active Member

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    The administrators would have sold the IP rights that the company held, which would have included the domains. As it looks like, in this case, the domains were allowed to drop then you can suggest the IP rights were not sold.

    Ask the person to send you proof that the IP rights were sold to him, if he can't then you are home free.
     
  15. DarkSky

    DarkSky Active Member

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    It's live on the gov intellectual property website :/
     
  16. foz

    foz Well-Known Member Exclusive Member

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    Who is the owner of the TM? a person or a company? if a company is that company dissolved? Check company status at www.duedil.com
     
    Last edited: Jun 29, 2013
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