Wanted: Domain Appraisal chanelbags.co.uk

[kate-brownhill]

12,100 exacts and Medium comp. Any Ideas? Might just put it on DL.

By the way, could there be some trademark issues with this?

 

[max99x]

£0 Trademark.....

 

[EdwinEdwin is verified member.]

£0 Trademark.....

100% correct. Worth a negative amount, because the fact that you own a domain like this could be used against you in OTHER potential legal cases to demonstrate a "pattern of behaviour".

 

[kate-brownhill]

errr... ok... time to drop it then thanks for the advice guys.

 

[kate-brownhill]

Just a quick question. Will there be any problems if i use the domain as an informational site? i.e not sell anything on it?

 

[EdwinEdwin is verified member.]

Just a quick question. Will there be any problems if i use the domain as an informational site? i.e not sell anything on it?

Yes. Doesn't make any difference.

Look it at another way: if Chanel didn't exist, you would literally NEVER have registered that domain name (because it would have 0 exacts). So 100% of any potential value in the domain name can be attributed to the branding efforts that Chanel has made over the decades and the (cumulative) billions they've spent doing so.

 

[namealot]

There in lies the problem with many trade mark etc names you can register them have them for years but in most cases do nothing else with them an authorized seller could use them but you approach them you’d lose it, Some try to disguise them under a false hope the trademark will offer them less than drs cost e.g. it’s a fan site, forum etc useless and still makes little difference just more money time down the drain. can also have repercussions on other domains you have e.g. some sly git goes to nom about one less blatant trade mark and uses the fact you register trade marks to strengthen there case.. All in all just wasting reg fee each year

 

[kate-brownhill]

Ok, so ill let that drop. I also own Kawasakimotorcycles.co.uk. I presume thats the same problem also then?

 

[EdwinEdwin is verified member.]

Ok, so ill let that drop. I also own Kawasakimotorcycles.co.uk. I presume thats the same problem also then?

Of course. It's not remotely generic! BTW, you may be able to get the domain name deleted rather than wait for it to expire and drop through non-renewal - takes away the danger of somebody using your registration of it against you.

 

[kate-brownhill]

Yep, i can delete the domain through the Nominet control panel. Thaks for your advice. I appreciate it.

 

[kyle251]

Just to confirm what others have said, I had a nice lengthy email from colgate for a similar situation. In the end I just gave it away to them and had to plead ignorance to avoid legal proceedings. They called it aggressive domain purchasing. After that I got rid of any domain with a trademark in it. The interesting point was with this ( colgate ) domain I hadn't even hosted it, thank god. Because they were looking for grounds to sue whereby I could have damaged their brands reputation. Luckily because I hadn't hosted a crappy website on it, they didnt go down that road, otherwise I would have had a problem. So I'd bin the lot if I were you.

Carl

 

[EdwinEdwin is verified member.]

This thread should probably be "sticky" as it's a great resource to point newbies to whenever they post names that sail too close to the TM wind for appraisal/comment.

 

[kyle251]

I agree - its a massive issue. And doesnt always turn out like you would think, for eg...

I own boattraderuk.co.uk - and had my concerns. As there is a trademark on boat trader. However the trademark is on on the logo. So I phoned nominet who said they felt it was a descriptive term and I was in my rights to own it. I then phoned an IP lawyer and they said the same. I even contacted the lawyers of boat trader ( who are connected with autotrader ) to clarify the matter, as obviously I dont want to get sued. They didnt seem sure themselves and were going to call 6 weeks ago if there was a problem. No phonecall, so there is nothing more I can do.

so sometimes if in doubt get legal advice all of which didnt cost me a penny.

 

[kate-brownhill]

Are there any case studies that any of you can link to that relate to this sort of case? I think i need to really understand this a bit better.

 

[kyle251]

I dont know of any personally, but I'd look at it this way. If you use the domain Chanel bags, then the intent is to sell Chanel bags, therefore you will be profiting from their brand - which is illegal. In the case of Boat trader although it is a trademark, it is a descriptive term ( the act of buying and selling boats ). Trademarks arent very strong if they are descriptive.Infact the IP office couldnt believe they had one at all. However Chanel is a unique word specific to their brand. Therefore it can't be confused as anything else. Hope that helps.

 

[Bailey]

All domainers should give themselves a big-dose of grounding in TM's . (There's really no excuse not to - after all it's your Business)

The IPO sites ( various jurisdictions) are great reference points. But for day to day just read a synopsis on TM law. It isn't hard and surprisingly all makes for common sense and is pretty much Global in foundation and how its applied

If something like Chanel or Ford (for vehicle classes) or how about 'Estee Lauder' dosen't strike you as a contrived (and therefore protected - If registered) Mark - then your starting off in this business at the wrong-end of the learning curve

 

[Bailey]

In the case of Boat trader although it is a trademark, it is a descriptive term ( the act of buying and selling boats ). Trademarks arent very strong if they are descriptive.Infact the IP office couldnt believe they had one at all. However Chanel is a unique word specific to their brand. Therefore it can't be confused as anything else. Hope that helps.

Thats different in that you can protect a generic term in a "trademark" providing it's associated with a 'visual mark'

It's only protected within that 'Identifying visual Mark' - so basically to stop anyone profiting or using that mark as 'Passing-off'

The term remains generic and you can use it as you wish "Boat-Trader" being a perfect example (just don't copy their registered 'visual mark')

A good example of the protection required (and allowed, generic or not) in a visual mark would be be something like 'Nike' and its strike motiff.

So don't put a 'Big tick 'next to anything associated with Sport - would be my advice...

 

[The Ferryman]

you will be profiting from their brand - which is illegal.

Probably unlawful, rather than illegal.
Regards
Bruce

 

[stellar73]

Have a related question at a bit of a tangent....

Last year I had a farcical level of problems with my phone and broadband services caused by BT. I needed to vent my anger and was considering registering a blog with "BT suck" or similar in the title however I quickly discovered that loads of these sites already exist. I posted a lengthy rant on what appeared to be the most popular of these sites (I can't remember the URL unfortunately)

Anyhow the surprising thing was that despite being a dedicated anti-BT site it contained adsense ads advertising BT services so it could be argued the owners were profiting from BT

Would BT lawyers be able to shut such a site down? Would it make a difference if they were simply airing legitimate complaints but not profiting (ie didn't have adsense)? Is there a trademark issue in simply registering an "I hate company x" or "company x suck".com name ?

 

[eddieb]

Would BT lawyers be able to shut such a site down?

2 issues here.
1st, BT may shun away from any adverse publicity caused by threatening to close you down, your site could actually go viral if you kicked up a stink about their threat
2nd, a court may well decide that your site was 'in the public interest' and rule in your favour