Domain Problem

[UKPokerAff]

Ok this was probably stupid from me in the first place but here goes:

I bought some domains with a certain brand name in them, let's say for example it was bmwroofbars.co.uk and I sold bmw roofbars on there. (thats available by the way and a nice niche

Anyway the company which in the fictional example above would be bmw phoned me in an aggressive manner and told me they emailed me yesterday and as i hadn't done anything had instructed their solicitors to sue me.

Now, the site i had build was selling their products and their products only. On the "about" page I had a bit about them and a bit about me stating I was an independant online retailer only.

I had emailed for permission many times over the past few months with no reply.

He went off on one about using their copyrighted images more then the domains but the images were from the dropship company I was using so can't see an issue there.

What I am basically wondering is that if I have stated on the site that I am not them and just a web site retailing their excellent products which complimented them is there a problem?

I have taken the sites down for now until i receive a letter from the solicitors (if i do that is) and wondered if i could put a parking page or review site with affiliate links?

Any advice as to the possible legalities of tm issues etc much apprecited.

I'm used to working on poker web site where the majority of the time we can use the sites domain on our own such as, thatpokerroombonuscode.co.uk etc.

Possibly very silly of me but the number of searches per month vs competition was too good to miss!

 

[GreyWing]

Email them this link http://www.thedomains.com/2009/02/24/another-win-for-a-domain-trademark-domain-used-in-commerce/

and ask for their comments on this precedence.

 

[Skinner]

If it has the brand name in it, RUN!

Lets say it is BMW, they prefer sending a letter rather than email they are negotiable tho and despite being German they find it easier to give you a little sugar the first time and get you sign on the line to say you'll never even do a look up on a domain name with their mark in it and stop NOW!

Grey, my colleague tried the Prima Facie (which many companies in the car world recognise for bricks and mortar business), but the legal expenses ran him out of town.

 

[UKPokerAff]

If it has the brand name in it, RUN!

Lets say it is BMW, they prefer sending a letter rather than email they are negotiable tho and despite being German they find it easier to give you a little sugar the first time and get you sign on the line to say you'll never even do a look up on a domain name with their mark in it and stop NOW!

Grey, my colleague tried the Prima Facie (which many companies in the car world recognise for bricks and mortar business), but the legal expenses ran him out of town.

Thats was kind of my first though but I did try to make it clear i was juts a retailer and not the manufacturer, I had stated this is many emails to customers who asked for advice on second hand items they had bought elsewhere and then broken.

The link above is an almost perfect example of what i was doing, thanks!

 

[GreyWing]

Grey, my colleague tried the Prima Facie (which many companies in the car world recognise for bricks and mortar business), but the legal expenses ran him out of town.

Yep it's a defence that would need balls of steal to run with, of course legal expenses are only paid if you lose. So is it worth risking it for a name, depends on the name I guess.

But I'd email them link plus any related links and ask for their comments... then if they reply, look again at dropping the name.

Best of luck.

 

[Skinner]

The main problem is "online retailers" are not seen by many as a business.

I tried to get an account with Parfetts the wholesalers to pick 1,000 Energy Shot Drinks up to take to a night club (with custom labels on), they told me "Internet sites don't qualify as a business".

So While a garage with bricks and mortar can claim prima facie, it is only just coming of age that online retailers can too. I guess its because you could be selling volvospares out your backdoor and poker out the front and dating agency out the window so the entry bar is so low they can see it as abuse, where a garage its part of their day to day sole business venture if that makes sense.

Grey: What about your own legal costs ? I certainly wouldn't wanna run with my own 'balls in hand' as it were. My colleague was quoted mid xxx per hour for a solicitor to handle things for him, which is why he caved in.

 

[UKPokerAff]

Yep it's a defence that would need balls of steal to run with, of course legal expenses are only paid if you lose. So is it worth risking it for a name, depends on the name I guess.

But I'd email them link plus any related links and ask for their comments... then if they reply, look again at dropping the name.

Best of luck.

Thanks i really apprecite the info.

Balls i have, money to pay if I lose, not to keen on that idea!!

The names not amazing but was ranking very well and getting over 100 uniques a day for the products which cost low £xxx each.

Didn't get loads of sales and to be honest I'm not too bothered, If they turned around and said we want them here's some money I'd say OK.

I hate the fact some clown phoned me up with a terrible attitude in the first place though.

 

[GreyWing]

You have to understand their fears as well when going through any kind of battle with someone. They understand yours and will play on it, i.e the legal fees.

You have to understand their biggest fear is that is losing a court case and 1000's of websites springing up and doing what you are doing and not being threatened with legal action in the future. That would costs them and others like them millions. That is why they might not go all the way, even though they could afford to financially.