DRS advice plz

[i4v.net]

Hi,

If I have an established web business that for years used a hyphenated domain: e.g. get-divorced-online.co.uk

do i have legal grounds in anyway on which to obtain: getdivorcedonline.co.uk if its just parked and never been used?

 

[accelerator]

Owning the dash separated version would give you no legal rights to the non-separated version.

If you had a trademark related to the term that could in some circumstances give you legal rights to a .co.uk domain.

Rgds

Accelerator

 

[poetry]

drs rights

you may bhave slim rights if you can prove that the person registered the unhyphenated version to immitate you site.however generally speaking you chances are very slimand DRS would probably cost more than to buy that domain.hope this helps

 

[i4v.net]

thx for replies guys.

you may bhave slim rights if you can prove that the person registered the unhyphenated version to immitate you site.

It was registered out of spite after i reg'd the hyphenated version.

ok, so for example: if Microsoft had hot-mail.co.uk but for some reason not hotmail.co.uk they would be within their rights to sue them and aquire it for loss of business etc ?

but of course I accept that in business u have competitors.

If i have a legitimate establishd business and say they were pointing the non-hyphenated domian towards a pornsite etc - would that be diffferent?

thanks

 

[Johnp]

Suggest, the following.

1. Register your trading name as a trademark, will cost you money. Patents office is a good place to start. As Nominet DRS put a high value on such things.

2. If you are not a limited company using the 'domain name' as your company name then think about doing that (without the hyphens) !

3. Ensure your letterhead and domain domain are well publicised, some historic evidence of established use, e.g. advertisements from Yellow Pages etc always helps.



Only if at least you one of the above is evident will you have any chance, then perhaps approach the domain ownner offering to settle amiceably - always looks good if have to go down the DRS route. Most domainers will not wish to contest although genuine costs should be paid, competitors who are abviously cybosquattering will get a ruling against them, but get your case together first.


Best Regards


JohnP

 

[bb99]

Hi,

If I have an established web business that for years used a hyphenated domain: e.g. get-divorced-online.co.uk

do i have legal grounds in anyway on which to obtain: getdivorcedonline.co.uk if its just parked and never been used?

So let me get this correct:

You registered the hyphenated domain and are running a genuine business from it. You have been doing so "for years" and presumably you have accounts, documents, contracts, invoices, etc to prove it. This means that you have developed "rights" in the name. It's not a registered trade mark, but it is still rights and Nominet's DRS recognises those rights.

A N Other has registered the non-hyphenated variant of your domain (after you registered yours) and they are parking it.

If the parking links on that page link to competitors or to businesses related to yours then you have a pretty good case under Nominet's DRS as it stands without having to do anything else.

 

[retired_member6]

It's hardly catchy, won't they let it go for £150?

 

[i4v.net]

So let me get this correct:

You registered the hyphenated domain and are running a genuine business from it. You have been doing so "for years" and presumably you have accounts, documents, contracts, invoices, etc to prove it. This means that you have developed "rights" in the name. It's not a registered trade mark, but it is still rights and Nominet's DRS recognises those rights.

A N Other has registered the non-hyphenated variant of your domain (after you registered yours) and they are parking it.

If the parking links on that page link to competitors or to businesses related to yours then you have a pretty good case under Nominet's DRS as it stands without having to do anything else.

bb99 u have hit the nail on the head

this guy is living of the reputation i have built up using a parking page.

i will look at nominets DRS

thanks again. :mrgreen:

 

[Beasty]

bb99 u have hit the nail on the head

this guy is living of the reputation i have built up using a parking page.

i will look at nominets DRS

thanks again. :mrgreen:

Trade mark rights do not need to be registered and the threshold in the DRS for common law TM rights is very very low. If you get your evidence right then proving rights should be easy.

If the name is like the one you inidicated, the defence will be that it is generic - and so you have no monopoly. If it is more specific and unusual - then that defence won't wash. However if you can show it was done out of malice, that should get you home.

The above is just a genearl guide. If you want legal advice on the facts of your case, please PM me.