Help please

[StoneRoses]

I am looking for some advice please.

2 other companies have registered domains containing my company trademark,here is the situation.

They have registerd mycompanymyproduct.co.uk the other mycompany-myproduct.co.uk

My company name is not even a word and the product name unique to us, one of the people who registered the name is actually a customer of mine who sells this product, i contacted them about it and they asked what i was going to give them for it!!.

I think it is a pretty much given that if i pushed i could get these back as they contain both my tmed made up word company name and product and they are being used to promote their businesses which is the same industry as us ( obviously as they are a customer).

Dont want to get the lawyers involved if possible as i am sure its a certainty i would win ,but any advice on how to get the ball rolling?, any c&d templates anyone knows of that are good?
Also if we did have to make it legal,who would i file dispute with ? Wipo? Any idea of cost if it came to this, do you need a lawyer for wipo or could i represent us in any dispute?
All or any advice or past experinces would be welcome.

Also for additional help this is not a 3,4,or 5 letter made up word it is longer and unique to us it is tmed.

Thankyou in advance

 

[Systreg]

Also if we did have to make it legal,who would i file dispute with ? Wipo? Any idea of cost if it came to this, do you need a lawyer for wipo or could i represent us in any dispute?

For .UK domains you use a DRS, which you can read about on these pages at Nominet:

http://www.nominet.org.uk/disputes/resolving-domain-disputes

Regarding costs for a DRS, see the fees page here:

http://www.nominet.org.uk/disputes/resolving-domain-disputes/fees

 

[StoneRoses]

For .UK domains you use a DRS, which you can read about on these pages at Nominet:

http://www.nominet.org.uk/disputes/resolving-domain-disputes

Regarding costs for a DRS, see the fees page here:

http://www.nominet.org.uk/disputes/resolving-domain-disputes/fees

Excellent ,thankyou

Tried to rep you but apparently i have to spread the love first

 

[bb99]

Have a look at the DRS case for toshiba-laptop-battery.co.uk (it went to appeal so read that) as this is in the same circumstances (ie companynameproduct.co.uk).

 

[martin-s]

It might be cheaper just to settle for an amount less than the DRS - or to let it go/work with them on it, if it isn't hurting you.

 

[StoneRoses]

It might be cheaper just to settle for an amount less than the DRS - or to let it go/work with them on it, if it isn't hurting you.

Personally i would be happy to pay and force them to hand it over, regardless of cost,i have no time for squatters and dont believe people should profit in any way from registering trademarks,but not sure how the others will see it though.

Thanks for your reply

 

[Bailey]

And They are a customer of yours (selling your unique product ?) - it's unbelievable.

'With customers like that - Who needs Competitors'


You should name and shame

 

[StoneRoses]

And They are a customer of yours (selling your unique product ?) - it's unbelievable.

'With customers like that - Who needs Competitors'

My sentiments too, it still shocks me the amount of so called business people who think that this acceptable.


No naming and shaming just yet,as i hope we can make them see sense and resolve this.

 

[namealot]

Simple Cease and Desist Letter/email to host company for me has worked every time,,,
example
http://www.free-legal-document.com/copyright-cease-and-desist.html

Send one to host, Infringer etc will kill the site down straight away most have no wish to get into any legal disputes at all or have any legal department to deal with them and for the cost they charge for hosting there is no £ in it to argue the toss.. One thing though if you’re a domainer why didn’t you reg them yourself ????

 

[eddieb]

And They are a customer of yours (selling your unique product ?) - it's unbelievable.

'With customers like that - Who needs Competitors'


You should name and shame

Never mind naming and shaming, just stop supplying them and see what they have to say