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trading with a generic domain for 7 yrs, trading off accusation.

Discussion in 'Domain Name Disputes' started by ivaname, Mar 28, 2011.

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  1. invincible

    invincible Well-Known Member

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    I know! :D
     
  2. Domain Forum

    Acorn Domains Elite Member

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    IWA Meetup
     
  3. ivaname United Kingdom

    ivaname Active Member

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    A whois on thenuts co uk will reveal all to anyone interested.

    I do not want the companies name posted here as it may work against me.
    I feel I have a lot at stake here.
    I am not yet at war and if I can fend off the attack with out too much hostility then I will.
     
  4. invincible

    invincible Well-Known Member

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    Fair enough but given the domain name at issue, I don't think there's anything wrong with simply discussing things in public. The Complainant doesn't have a monopoly on the first word that forms their brand name, and definitely not the second. I wouldn't be worried.

    Makes sense. Depends how much they want to try to get the name. As long as you've not passed yourself off as them, which apparently you haven't, don't worry too much. What you cannot guard against is the level that they may decide to go to in order to convince you to part with the domain name. Unfortunately that's just how it sometimes goes. If you're not confident with things, obtaining appropriate legal advice is always the best route. :cool:
     
  5. Systreg

    Systreg Well-Known Member

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    I'm interested, so I checked the Who-Is and I'm still none the wiser :)
     
  6. invincible

    invincible Well-Known Member

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  7. Systreg

    Systreg Well-Known Member

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    Thanks, but it didn't help me :), all I see are numerous names for sale when checking previous posts, none of which help me in my understanding of who the company is who contacted the original poster.
     
  8. Ashton Canada

    Ashton Well-Known Member

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    Look at the registrar section of thenuts whois, look at the domain there. Now think what other big host has that first word in its domain. Infact if you google the phrase in that domain they will come up!

    Anyway... onto the topic at hand.

    Don't resell there services. That just gives them more reason to say your 'passing off as them' - Just politely decline and see where you go from there.

    They have no claim to this domain.
     
  9. Systreg

    Systreg Well-Known Member

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    Ahh, that's the problem for me then, I don't know the names of any big hosting companies apart from the likes of Godaddy.

    Ok, after Googling, assuming this other company is the .net at #1 in serps? Never heard of them.
     
  10. ivaname United Kingdom

    ivaname Active Member

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    The .net and the co.uk are both owned by me, i'll pm you

    Once again thanks for the help and I feel I now have some direction to my fight.
     
    Last edited: Mar 28, 2011
  11. jasman United Kingdom

    jasman Active Member

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    Well it's a generic phrase and if you say it's not infringing their TM and the site does not look confusingly similar then I'd be inclined to write to them and point this out. If they had a TM, they would be obliged to protect it, so 'turning a blind eye' would be possible grounds for having the TM revoked. It is possible that the act of their offering to 'turn a blind eye' would jeopardise their case too, but I guess you'd have to check with a lawyer if you can stand the company of such people.

    Personally I think they are trying it on, but what to do would depend on how much income you get out of it and how much time and expense you have put into the site.

    I believe a certain large low-cost airline has in the past managed to convince themselves that they own the rights to any domain starting with the first word in your domain, and have aggressively objected to many domains beginning with that word. I wouldn't be surprised (if they wanted to go into this industry) if they felt the name should belong to them too. But their past actions have left a trail of similar threats discussed across the Web, and these discussions and the outcomes may be useful to you as pretty similar test cases. Of course the company after you is far less well known and would have a lot less clout with an adjudicator in my opinion.
     
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