Well done Ant, That's nice to see a thought-through and comprehensive response. But, as you acknowledge - There is more to this particular dispute, than anyone can possibly know enough to judge on without having all the details.
For the casual viewer (all of us) It really depends on too many unknown Variables. I do believe your being honest in your transcript. But, it's too easy to be exact in some areas and then vague in others (I'm not saying it's intentional)
Anyone that tried to call this one for its possible outcomes is not going to be of any help. However, You seem to be pretty sure of your ground - to me that's always a plus (if they fully understand the dispute procedure and grounds for).
Cheers Bailey. Is there more that you think I've missed out? If so, let me know and I will try to elaborate further in my next post. I will try to send an email over to you later on.
Trademarks are a funny thing if its the company that owned that let it drop you could try a veiled attempt at the fact that they had let it drop and not bothered to chase it up at all over the last few years that they had abandoned the mark so to speak ( although thats thin ice )
Also you can own a trademarked name in fact there are often many trademarks with the same name it’s the class and what the trademark is etc that can have bearing on what you can do with it ( less so with totally made up words though )I could own apple and sell apples and also offer the name for sale that doesn’t mean I could sell there goods or anything associated with the mark though or that they wouldn’t try and use the fact I’d put it up for sale against me either…? Without a court order, date etc or Nominet intervention though what they have sent means absolutely nothing at all other than they are either trying it on are not aware of the due process for domains... Personally I would ignore the mail not contact nom (that could be construed as an admission I’m not sure if nom have a disclosure policy which could strengthen the complainant case) and sit back have a cup of tea and wait and see.. If nothing else its all good entertainment reading some of the bs letters from legal bodes. feel free to message me over the name if you want but don't post it on the open forum...?
Well there is a good chance it is the same company. Many things suggest that, but they say they are aware that I sold it to a third party in their letter, so who knows. If it is them, and they failed to renew the name, and 'forgot' for 4 years, that would be just one of the points I'd argue. We have the same name, but my site and their name are completely unrelated.
I'm unsure about ignoring their letter though. Couldn't it be seen that I'm being uncooperative, not willing to defend myself, etc. I don't want to appear to be weak, defenceless, or completely ignorant of my situation.
Also, how would contacting Nominet be construed as an admission? I've been accused of something, so surely I should have every right to gather information from a variety of sources, such as Nominet, to understand my position and prepare for my defence?
Thanks again