Expecting a DRS pretty soon.

[denchomsky]

I am expecting my first DRS soon, I had an offer a while back for a name that was on Sedo, not parked, just in my account, the offer was measly, so I countered with a more realistic offer, and got no reply.

Now the company have complained to sedo and they have removed it.

The name is actually parked on Namedrive and still is.

I didn't know it was a trademark when I registered it back in 2006.

 

[Pred]

put up an under construction page and a logo
do it before you receive an official complaint, 'if' you do
no guarantee you will get a complaint

fact they complained to sedo means nothing
sedo are nobodies in the scheme of things, we have as much clout

however a complaint to nominet or wipo is a different thing

cover your ass and unpark it

 

[grantw]

Agree with unparking it asap, it may be too late if they've taken screenshots though.

Grant

 

[Rob_F]

Are the ads/keywords on the parking page infringing their mark e.g. in the same class as their trademark? Could the domain be used in other trademark classes?

I'd be careful about unparking it, that can be seen as an admission of guilt in the eyes of some panellists.

- Rob

 

[Pred]

don't forget, they haven't complained to anyone yet
it's a domain, you have many, it made it finally onto the development pile, thats all

if it's a .uk they'll have a harder job wrestling it off you at nom. than at wipo.
lot more quacks over there in brussels

 

[denchomsky]

Thanks for the advice everyone.

Here is a copy of the email I received :

Dear Mr. xxxxxx

We are writing to inform you that Sedo has received a complaint of potential trademark infringement regarding the use of the following domain names in conjunction with Sedo services:

xxxxxxxx.co.uk

Due to the famous nature of the trademark contained in the domain at issue, Sedo is forced to remove your domain from the domain marketplace and parking program at this time. This action in no way affects your registration or control of the domain, your Sedo user account or the other domains you have listed for sale or parked with Sedo. However, due to the potential of infringement of a famous mark Sedo must do the following:

- Suspend the domain name from our domain marketplace
- Suspend the domain name from our parking program

Sedo takes great pains to strike a balance between the legitimate rights of domain owners and third party intellectual property owners and require verification of legal complaints before taking any action against a domain listed for sale or parked with Sedo.

--------------------------------------------------------------

Not really that worried , the domain is not a particularly valuable name un-developed in my opinion.

They mention it is a 'famous trade mark' though I have never heard of it.

The company seems to be based on Canada, they can have it they offer me a reasonable price for it.

Cheers.

 

[retired_member13]

Thanks for the advice everyone.

Here is a copy of the email I received :

Dear Mr. xxxxxx

We are writing to inform you that Sedo has received a complaint of potential trademark infringement regarding the use of the following domain names in conjunction with Sedo services:

xxxxxxxx.co.uk

Due to the famous nature of the trademark contained in the domain at issue, Sedo is forced to remove your domain from the domain marketplace and parking program at this time. This action in no way affects your registration or control of the domain, your Sedo user account or the other domains you have listed for sale or parked with Sedo. However, due to the potential of infringement of a famous mark Sedo must do the following:

- Suspend the domain name from our domain marketplace
- Suspend the domain name from our parking program

Sedo takes great pains to strike a balance between the legitimate rights of domain owners and third party intellectual property owners and require verification of legal complaints before taking any action against a domain listed for sale or parked with Sedo.

--------------------------------------------------------------

Just so you know that (word for word) is Sedo's standard form letter for any TM related complaints for parked domains. I've been sent a few of them over the years - more often than not erroneously

 

[namealot]

Had a few try and claim name's... They send letters to hosts, sedo etc, they remove site/name..? Get same old response letter's..? Simple answer most don't have legal teams and remove if they get any form of legal or not so legal letter…

One tried to use the fact that it was removed to strengthen there claim ..? It's a danger with holding pages/sedo etc. Sometimes you give them a bit of ammunition... Do they have a trademark are you infringing on it check the classes that it was issued for etc…

My experience nominet try and resolve it prior to fees, Depends on both being open to negotiations etc. They don’t really want lots of disputes going the full distance as it could strengthen the “government” justifying they should be in charge…? I've not had that bad experience's sometimes the complainants claims are quite comical...