can you DRS a non hyphen?

julian · Sep 20, 2014

e.g company sets up: the-bible/co/uk add runs as website since 2005 - but stupidly left the non-hyphen FTR so someone sets up thebible/co/uk in 2014 and starts running a site.

I wondered how the hyphen and non hyphen are treated - possibly as 2 separate domains? Does anyone know of any drs cases involving hyphen vs non hyphen or is there just no chance.

ta.

Skinner · Sep 20, 2014

If there is passing off or something similar then why would the hyphen matter ?

If all legit, you would have no more a case to obtain "bible" than "thebible" or "bibles" even.

julian · Sep 20, 2014

ok thanks, maybe I being thicko (forget TM's etc at the moment)

analogy.. megacorp own low-cost-holidays.co.uk and was always on that domain and for some stroke of luck tomorrow I catch lowcostholidays.co.uk, given the fact the string of the domain pretty much lends itself to one use - can I be DRS'd by this company. Obviously long term *lowcostholidays.co.uk* is a domain megacorp would be pissed at not owning once the penny has dropped.

Is a hyphenated domain treated the same or any different. Sorry if my examples are unclear.

Skinner said:
If there is passing off or something similar then why would the hyphen matter ?

If all legit, you would have no more a case to obtain "bible" than "thebible" or "bibles" even.

namealot · Sep 21, 2014

Regardless - , TM , even its a different word entirely ?
many ways argued there visually/ phonetically etc the same e.g. nlite vs in-lite http://www.ipo.gov.uk/o23308.pdf Likelihood of confusion on the part of the public, (which includes the likelihood of association with the trade mark) if they can prove it you’re stuffed

If your stealing sales they’ll try a multitude of ways ? aldi-store........co.uk nom D00014518 t If you poke enough most business will come after it ? btw if you go to https://secure.nominet.org.uk/drs/search-disputes.html then tick "Domain name" in the search text put - it will give you last 200 results you'll see vast majority complaint was upheld check toshiba-laptop-battery.co.uk D00007991 20/01/2010 an exception ?