DRS sting - advice needed

[BigLebowski]

I have owned and parked a purely generic domain similar to astrology.co.uk since 2004. In the last few years, someone bought astrologys.co.uk and has built a site out of it. They have no trademark afaik. (I use astrology.co.uk and astrologys.co.uk as examples only. but my domain is singular, the other plural).

Although I park a lot of domains, I am fascinated in astrology and after years of parking it, I now want to use it. So recently I deparked it, got the business cards printed, enabled email on it and pointed the site at one of my good friend's websites, who happens to be an accomplished astrologer. I am developing a much larger site, but these are the first stages.

Within a week, my astrologer friend received an anoynmous offer (yahoo address etc) to buy the domain. I told her to ignore it.

Then a week or two later I received a long winded email from an apparently disordered woman who claimed she'd spent £2000 on astrological readings in the last few weeks. The email was sent to my email address at the domain but was marked for someone else's attention. There is no indication of which company she was intending to email. I replied in a friendly manner and told her that her email had been misaddressed and that I hoped she didn't mind my giving her some advice. I told her politely I thought she'd spent too much on readings and asked if she was addicted to them. I also offered her a free reading, to help her develop as an astrologer herself (and save money) and I recommended my low-cost astrologer friend.

I was shocked to receive a blistering, evil response launching a personal attack on me. I believe the name she used, and the content of her email, is ficticious and she represents the astrologys.co.uk domain. I suspect a cynical attempt to draw me out to claim "abusive use".

I'm not sure if I'm being paranoid but I think I've been "stung" in a bad faith/misuse ruse.

What would you guys recommend I do at this stage? I've read the DRS and I'm gobsmacked that it's "your guilty until proven innocent".

Best
Roger

 

[foz]

Has a DRS complaint been lodged concerning the domain?

 

[Systreg]

I was shocked to receive a blistering, evil response launching a personal attack on me. I believe the name she used, and the content of her email, is ficticious and she represents the astrologys.co.uk domain. I suspect a cynical attempt to draw me out to claim "abusive use".

Is it possible to see what their reply was, if not by pasting it, then by taking a screen shot of the reply and posting it as an image? Just to see how they are coming across.

 

[BigLebowski]

Guys

The reply calls me facetious, judgemental, shallow, immature, "unprofessional" (I'm not sure if there are any "professional" astrologers and she spelt it with two "f"s anyway) amongst other things. No DRS complaint has yet been launched. I mention this in case it is some sort of vile reverse-cybersquatting "honeytrap".

Is it worth our taking out some sort of trademark to protect vaulable domains? This one has to be worth 10 - 20K cash but is priceless to me personally.

Best
Roger

 

[Rob_F]

Was it ever parked? Archive.org would seem to suggest it is and always has been a developed site, similar to as it is now?

Would be a walk in the park to win a DRS, on the face of it, so I wouldn't worry too much. Sounds to me like they are just trying it on.

---

Edit: Just spotted astrology.co.uk and astrologys.co.uk were just an example.

Impossible to give any reliable advice without knowing the exact names involved. I wouldn't recommend posting them here though. Feel free to PM me the names if you like and I'll give you my opinion. Note, it will just be an educated opinion, I'm not a lawyer.

- Rob

 

[aquanuke]

Wow, im shocked.. this is an extremely bizarre thread :cry:

 

[foz]

No DRS complaint has yet been launched. I mention this in case it is some sort of vile reverse-cybersquatting "honeytrap".

I wouldn't worry about it then. Cease communications with her, however tempting it might be to fire something back.

 

[BigLebowski]

What about the old "could cause confusion to internet users" chestnut?

Say you've owned and parked sex.co.uk for years and in the meantime someone develops a busy site on sexy.co.uk. When you revert sex.co.uk to a proper site, and enable email, could sexy.co.uk complain that your use of sex.co.uk is confusing visitors to sexy.co.uk?

In such circumstances I imagine it's tempting for someone evil at sexy.co.uk to set up a ruse like this to support a DRS complaint?

Best
Roger

 

[rob]

I have had something similar in the past, but not just a name but someone starting a direct company named something.co.uk ltd to get one of my names.

Be firm, explain you will defend to the hilt, and take legal action if they dont stop.

However dont threaten what you wont do, its pointless.

 

[foz]

I recall a similar dispute in the .nz space (similar DRS policy, was formed based on the Nominet model).

Centrepiece(s)_co_nz

http://dnc.org.nz/sites/default/files/content/701.pdf
http://dnc.org.nz/sites/default/files/content/701.html

The outcome for the respondent was positive, no action (dismissed).

 

[seanc]

ignore them.

if they DRS you then Nominet will mediate. and they will advise you on what to do.

i personally think Nominet do a fantastic job at mediation.

 

[James]

Erm... but no DRS has been filed, right?

So this thread is nothing to do with the DRS whatsoever. As you described it, they emailed you, then you emailed them back (in what could be considered a sarcastic manner), so they replied sounding angry with you.

Why does this mean they want to file a DRS exactly?

I think you should be more concerned as to whether this means you're fat, if you need to buy a new pair of shoes, or whether you're going to enjoy the first episode of The Apprentice which starts next week.

 

[Admin]

They don't own the right to be the only ones with an astrology domain and website, just make sure the colours / logos used aren't too similar.

As was said earlier, I would ignore engaging any further with them, ignore their emails and if a DRS comes then deal with it.

If you over-react or email them too much you are just playing into their hands. I did this myself recently over something else and realised after sometimes it is better to say nothing.

Admin

 

[newbie]

I'd say until the DRS lands on the mat you don't need to do anything. There is nothing to defend as yet - so you are probably being paranoid

 

[safesys]

It sounds like they were just putting out a feeler, and when they got your response they couldn't maintain their cool. The more you wind them up at this point, the more likely they are to file even if there is no real basis under the DRS for them to win.

I have owned and parked a purely generic domain similar to astrology.co.uk since 2004. In the last few years, someone bought astrologys.co.uk and has built a site out of it.

As long as you are using it for its generic/descriptive meaning they are going to have a hard time getting beyond the logic set out in the mercer.co.uk DRS appeal:

To get off first base the Complainant must ordinarily at the very least produce something to show that the Respondent had (or is likely to have had) the Complainant in mind at the relevant time. Even then, that may not be enough in all cases to demonstrate an abusive intent, but it will ordinarily be an essential pre- requisite.

the argument is that when they chose to use their name, it is inconceivable that they would not have been aware of the existence of your domain - and its logical association with the subject matter. They don't get to have a monopoly on using a descriptive term descriptively.

Is it worth our taking out some sort of trademark to protect vaulable domains? This one has to be worth 10 - 20K cash but is priceless to me personally.

the problem with that is you are potentially sinking your own descriptive term defence as to be a trademark it must be capable of being a distinctive mark of origin. The IPO shouldn't grant a trademark that is merely descriptive of the products/services being offered.

 

[foz]

@Safesys. 6 years between drinks Hope you post more often here, loved DomainState_com back in the day.

 

[SF]

I must admit Rob Taylor in the past helped me defend a few names, one case we even got more than we wanted for it when i expected hands down for the name to be taken off me!

 

[RockRider]

Thoughts from Rockrider

Re: Astro concerns

1. IF, the other person had had any concerns they would have been more sensible and not made hot headed allegations against you, as in IP disputes you have to be very very careful what you say/write IF it appears a threat! always be polite, firm, professional.

I have been using Margaret from Briffa in London for many years, they are VERY good, one of the best in this field I haven't lost yet.
Even in regard to a Large bloke who likes orange tubes who THINKS he owns every think beginning in E... ... !

But they are not cheap, then none of them are.

2. Personally based on the limited info mentioned so far in form, why not consider taking your URL and getting one of the freelance graphic designers from UK or 99designs to make a nice logo incorporating your URL, then self register it at UK TM office, as your logo under heading www.XXXXX.co.uk or whatever is your URL, its always a great first strike to prove prior use alongside printing off any paper copies of when you bought it first used etc etc.

Now obviously what I have said is to register a Graphical design of your company logo and name www.Astrolovexx.xo.uk

but trust me step 2 is a cute side move.

If you message me personally I will happily give you a few tips and example of what i have done , many times. And i have defended and won every time.

With any high value domain, a few simple steps at outset to record keeping can save a lot of grief later.

Rockrider

 

[Bailey]

@Safesys. 6 years between drinks Hope you post more often here, loved DomainState_com back in the day.

Wouldn't that be brilliant if Paul posted here on a regular basis, Acorn seems to have grown-up. (almost an oak tree) So who knows (I hope that dosen't come across as insulting to any long standing members -just an observation). - And i know I can act aged 10 myself at times

As to the thread posters original concerns - don't worry about chancers, I find them quite entertaining. It's amazing just how little even TM holders are aware of their rights (and restrictions)

If somebody gets too OTT remind them that documented "Over-reach" is grounds enough to get their registered TM cancelled - that usually works.

Do your homework first though

And As for non-TM holders/claims - the same applies. An hours dilligence will tell you all you really need to know and with the right handling may even turn into a sale.

The bottom line is try not to bite back. the more OTT they (The claims) are is usually a good measure of how weak they stand