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DRS 4261 Bobcat.co.uk

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Another interesting one:

http://www.nic.uk/digitalAssets/17138_bobcat.co.uk.pdf

The Respondent is the Managing Director of a UK company called Bobcat Plant Hire (UK) Limited, which is now in liquidation. This company became an authorised UK distributor of the Complainant’s products on 1 October 1997 until it resigned as a distriutor in December 2004.....

Clause 4.2 of the distributorship agreement states that Bobcat Plant Hire (UK) Limited was not entitled to use the trade mark BOBCAT in the distributor’s name without prior written authorisation and, by clause 4.4, upon termination, that it was to immediately cease the use of BOBCAT

Also checkout the current site www.bobcat.co.uk
 
an 'expert' said:
"While there is nothing wrong with seeking to optimise the volume of traffic to a website, it is impermissible within the scope of the DRS Policy to use a domain name for that purpose, which incorporates – without any distinguishing material ‐ the trade mark of a third party, without that party’s permission."
...so what's the "distinguishing material" supposed to be then? :???:
 
The Product

I would argue that the product - domain name is not actually a product.

Unlike a Trade Mark you do not gain a right to use it even though you registered it.

Alternatively, if you apply for a Trade Mark you get 5 years to exercise that right to use it.

Maybe Beasty knows of a case in law where it clearly defines what Nominet have sold its registrants because as I see it we are paying good money for nothing.

Lee
 
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