Advice required

mibut · Aug 4, 2010

I have a generic name, arearealestate.co.uk (area being an italian state/county name), bought and in use since 2007.
The com is owned and used since 2002 by an italian estate agent.
The italian estate agent has now (1st July) taken out an eu trademark on area real estate and wants the co.uk which I own closed down.
My first reaction is to say they haven't a leg to stand on but .......

Edwin · Aug 4, 2010

"real estate" is pretty much a worthless expression in the UK market, so not worth losing sleep over either way!

foz · Aug 4, 2010

Defendable as your registration pre-dates the complainants mark.

grantw · Aug 4, 2010

arearealestate.co.uk doesn't look to be in use to me??

Grant

foz · Aug 4, 2010

"a" part meaning the state/county. Me thinks.

grantw · Aug 4, 2010

lol, I thought 'area' was a strange name for an italian county !!!!!!

mibut · Aug 4, 2010

Edwin said:
"real estate" is pretty much a worthless expression in the UK market, so not worth losing sleep over either way!

Edwin, worthless to you maybe but seeing as I have made my living from so called worthless real estate names for over 9 years I think you should stick to selling names and I will stick to developing.

accelerator · Aug 4, 2010

Your domain pre-dates their trademark, so my opinion is you should be fine.

The term also seems entirely generic, so to my mind it's questionable that a trademark should ever have been granted.

Rgds

grantw · Aug 4, 2010

In theory you are on safe ground, also in theory it could be viewed that the .com owner has taken out the trademark as part of a reverse hijacking attempt on your domain.

Has the owner ever approached you before?

Grant

mibut · Aug 4, 2010

No, never been approached before re this name.

grantw · Aug 4, 2010

I suppose it comes down to how much you want to keep the site and how much it makes you versus the expense of defending it - if they DRS then obviously it's free unless you need advice, if they go legal then it could get costly.

They may just be trying it on and go away but then again...........

Grant

mibut · Aug 4, 2010

My first thought was that they are trying it on.
Awaiting a letter from their lawyers, which will be interesting as the letter has apparently been sent in Italian. They are also supposed to have faxed the letter to me but the number they supposedly sent the fax to was not mine and I do not own a fax anyway.
I am pretty sure that at the moment they do not understand the nominet dispute process as they "threaten" with the law in Italy.
Think a case of wait and see.

retired_member32 · Aug 7, 2010

i am confused to why a italian would want a uk generic domain ? if he wants it let him pay for it.....just make a figure up and multiple it by ten

how much would a specialist solicitor cost and the hassle.....ermmm i think he might be trying it on mate..

if you want to keep it then i would just ignore him

Retired_member41 · Aug 7, 2010

Who on earth registered the actual domain arearealestate.co.uk in Jan 2010 then? And there is a .com in use in florida.

bensd · Aug 8, 2010

Caz said:
Who on earth registered the actual domain arearealestate.co.uk in Jan 2010 then? And there is a .com in use in florida.

I don't think that is the domain, it was meant as [area]realestate.co.uk

mibut · Aug 12, 2010

An update.

Seems that the trademark has been applied for but not yet granted.
Trademark applied for is a "Figurative" mark, not a "word" mark.

Italian lawyers letter arrived today
Demands the site is shut down
Demands destruction of all materials supporting the site under my improper ownership.
Demand to be informed and supplied with adequate documentation of the above.
Demand a declaration renouncing ownership and recognizing exclusive rights for their client .....
Say that they may demand compensation for any damages in a court of law.
Various other warnings
and finally
demands a response.

Response from me will be none forthcoming and the site will continue.