Advice needed

[LoneDomainer]

Hi everyone

i have an question..

If someone registers a domain and then forms a Limited UK Company
, they then find out that the .com of their name is registered by someone else who runs a similar company but the domain is being parked and has since registration.

can the company then lay claim to the domain ( .com ) ?

advice greatly appreciated

 

[charlie]

in this country if you own the trade mark to a company before a the uk domain was registered then you stand an outside chance of getting the domain - but not a definite.
I dont think a UK company has a right to a .com - unless you have a huge global presence. SONY etc. its all a bit vauge but this is comparable to all laws across geographical borders.

I would say that you chances as a medium / smallish english company laying claim to a dot com are tiny to nothing.

I have a feeling .com is an open market - no claim what so ever?


dont take that as gospel - i'm just guessing and in no way qualified to answer

 

[LoneDomainer]

hi,
i understand what you're saying however
the .com registrant is also in the UK

Its not a great domain but it does refelct my company 100%

 

[wwwdomain.name]

LD

You'd be hard pressed to convince anyone thet you were not already aware that the dot com was registered when you reg'ed the .co.uk...

The challenge itself could mean the dot com holder challenges you in return...

You mention they are a similar company:

If someone registers a domain and then forms a Limited UK Company
, they then find out that the .com of their name is registered by someone else who runs a similar company but the domain is being parked and has since registration.

Also, a potential 'passing off' claim situation may arise...
IE: Them challenging you that you are passing off as them...

 

[LoneDomainer]

hi,

i understand all of your points and have thought about all of them already.

The thing that is a bit frustrating is this :
The company who owns the .com provides Network Security Services so they are IT related but they are called something else and a Ltd company and have the .net of their company name.

From what i've read about them they are nothing to do with Internet services only network services ( slightly gray area i know as the internet is a network )

The .com has never been used and only points to a page saying "Provided by Their Company .net Ltd" nothing else

You couldnt confuse our 2 companies at all
Its a bit frustrating

 

[wwwdomain.name]

LD

Just taking your initial comments at face value... similar co's etc...

Because they own the dot com and, I assume the .co.uk was reg'ed after theirs, that's why I'm saying they could possibly challenge you...

Whist you say, you couldn't confuse the companies, they could argue you could confuse the domains as they too are UK based...

IMO - You may well be best off to get some advice from a legal brief before sinking too much cash into your new co...

Phone a few related specialists, you'll find them more than willing to point out possible areas of potential dispute (if any) over the phone, without you having to commit to taking things further...

 

[LoneDomainer]

yeah i think this will be my only option

anyone recommend a good internet specialist solicitor in the UK ?

Thanks for everyones comments.. much appreciated

 

[wwwdomain.name]

Personally only use the best... Goog and punch in legal500
Saying that, the misses is in the process sorting out barrister quals... lol

 

[LoneDomainer]

lol

thanks will check it out