Emailing End Users - DRS Concerns

Murray · Jul 31, 2014

Say you have a domain like FloorMaster.co.uk

And there are multiple companies called "Floor Master"

And when you google "Floor Master" the first page is full of companies with domains like

FloorMaster.biz
Floor-Master.co.uk
FloorMasterLtd.co.uk
FloorMasterUK.co.uk
FloorMaster"Location".co.uk

If you email all those companies saying you have floormaster.co.uk for sale, what potential is there for them saying "that is our name, give it over or will we take legal proceedings" etc

tifosi · Jul 31, 2014

Lots. Don't do it. World of pain.

Adam H · Jul 31, 2014

A quick IP check and there seems to be a number of trademarks for that term as well, would probably agree with above that it might open a can of worms you don't really want.

Although saying that, many of the IP's are non-related or cover other things.

Murray · Jul 31, 2014

It's funny isn't it though that so many companies can share the same name without one seemingly having a clear right or exercising that right to it at least.

Skinner · Jul 31, 2014

If your selling under the DRS costs mid-xxx effectively, then its cheaper for them to buy, if you wanted more then not a chance I'd risk it.

FloorShop, WoodenFloor hell yeah, but a potential brand name, I'm more careful.

foz · Jul 31, 2014

That would be abusive behaviour on your part.

That's why I never do outbound.

http://www.nominet.org.uk/disputes/when-use-drs/policy-and-procedure/drs-policy

3. Evidence of Abusive Registration

a. A non-exhaustive list of factors which may be evidence that the Domain Name is an Abusive Registration is as follows:

i. Circumstances indicating that the Respondent has registered or otherwise acquired the Domain Name primarily:

A.for the purposes of selling, renting or otherwise transferring the Domain Name to the Complainant or to a competitor of the Complainant, for valuable consideration in excess of the Respondent's documented out-of-pocket costs directly associated with acquiring or using the Domain Name.

foz · Jul 31, 2014

Murray said:
It's funny isn't it though that so many companies can share the same name without one seemingly having a clear right or exercising that right to it at least.

No one of them has a monopoly on the term. If you can demonstrate similar registrations with "floor" and "master" (your registration behaviour) and you never approached them to sell. You're safe.