Help with potential company legal action against domain!

[ian]

A contact of mine has a domain which they've owned for around a year and includes a brand/company name (also a generic word!), followed by a word associated with an industry they have now gone in to, but hadn't at the time.

The company have been in touch threatening legal action etc for use of their name despite the domain being nothing more than a placehold. Suspect it is because the company are now associated with the industry and want the domain themselves; or want to avoid confusion.

Where does my contact stand legally? Does the company have a right to take the domain from them, or can an offer to purchase the domain be made?

Sure you guys know...

(domain name not mentioned for obvious reasons!)

 

[stender]

If it contains a trademark then I would give it up to the company without arguing

 

[aZooZa]

Is it parked with ads relevant to their TM? Or is it just bland placeholder?

 

[ian]

There is a single page site with text referring to the domain name and an generic image of the industry the domain is associated with, but no reference at all to the trademark (other than in the name!) and no trademark logos/images.

 

[julian]

in my experience with them I would stay clear of briffa = clueless..

There's usually more to it than meets the eye so I suggest he takes appropriate legal advice. Often the initial consultation can be free. Briffa and Adlex are two specialist law firms, which I suggest, that can offer this if he doesn't know anyone else. Google for details on them both. I believe the heads of both firms are also Nominet DRS Independent Experts.

 

[accelerator]

You can PM me the name if you'd like my thoughts on it.

Rgds