Domain dispite

[packeted]

Domain dispute

Hi there guys
I got a letter in the post from a company's solicitors. Essentially it says that their client has been using the name of my domain for several years, and it has come to their attention that I have registered the domain using their name.

It goes on to say that the domain (which was parked) provides affiliate links to competitors and offers the domain for sale, and says their client's trademark is being used on the text on the page too.

So they go on to request that I immediately transfer the domain over to them, or else they will file a complaint under the Nominet's dispute resolution service.

Not having dealt with any disputes like this in the past, where do I stand on this one? The company does not appear to have a registered Trademark, however they are a Limited Company under the name of the domain. Obviously I would like to hold on to the domain if possible, but is resistence futile?

Any advice greatly appreciated!

 

[yesterday]

Is the domain a generic word?

yesterday

 

[packeted]

Nope not really, although it is in use by other companies across the world, not just the complainant

 

[yesterday]

OK, on the face of it, it seems to me that the reason you regged it was to profit from the traffic gained from that company. If that was the case then you're best off surrendering it IMO.

If however there was a genuine reason for it, i.e. to trade using that term under a different tm useage i.e. selling a different service, because that term was an excellent description of that service, and better still if you have evidence to show that you did something about it then you have some points.

It is not correct in my opinion that just one complainant on a name that may have more than 40 rightful tm owners can lay claim to a name. I think that for any trademark that does not have all classes held by a single company, that parking, whereby each of them has the chance to benefit from its traffic for just a few pence, is the fairest and best thing for that domain, short of building a portal. My opinions however are in the minority on this one and the judges usually decide based on some pretty strange reasons like the first complainant, if they trade under that name, have claim without compensation on that name, even if they set up after you regged it.

But that's another story.

yesterday

 

[Nikki]

I agree with yesterday. The complainant shouldn't have a right to monopolise domain name registration.

But why do you want to hold on that domain name. If you really want and the name is generic, do something with the domain name, don't just park it. Launch a website or something to show that your registration is not abusive. From the trend of decisions, Nominet DRS seems to be neutral and not too favour a trade mark owner. So you still have a chance to fight for it. Moreover, you dont have to pay for administrative fee. The complainant must pay. Even better, before an administrative proceeding begins, Nominet will try to mediate between you and a complainant free of charge.