Domain Manage

UDRP Help - Domaining as a Legitimate Use

Discussion in 'Business Discussions' started by accelerator, Nov 19, 2014.

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  1. accelerator United Kingdom

    accelerator Well-Known Member

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    Hi Guys

    I have a UDRP case to defend.

    Is anyone aware of the legal precedent / previous UDRPs, which show domaining as a legitimate use.

    The case that I wish to defend against is where I have registered a term years ago, where I thought up a generic "future tech" term with a view to either selling the domain or developing such a service myself. At the time I registered it, the complainant was not using the term, and it was only years later that they filed an international trademark.

    I wish to prove that registering the generic term with a view to selling it was a legitimate activity at the time, given no intellectual property rights existed then. Is there a legal precedent of cases for this?

    Thanks
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. invincible

    invincible Well-Known Member

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    Perhaps try using udrpsearch.com as a first point of call. I can't personally cite any particular cases. Perhaps an hour or two paid time with an appropriate person, familiar with the udrp, would be beneficial? Are you looking for a solicitor who could help?


    (from iPad - K)
     
  4. Edwin

    Edwin Well-Known Member Exclusive Member

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  5. accelerator United Kingdom

    accelerator Well-Known Member

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    Thanks guys, I'm going the DIY route, wish me luck!

    Rgds
     
  6. invincible

    invincible Well-Known Member

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    We'll watch out for your name on the decision page...


    (from iPhone)
     
  7. accelerator United Kingdom

    accelerator Well-Known Member

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    Has anyone ever been able to prove the concept of an "abusive trademark registration", i.e. where a domainer has registered a domain with a novel and non-intellectual-property abusing term, then someone else has registered a trademark on that term and attempted to get the domain off the domainer?

    Thanks
     
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