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multiple companies same name no trademark I have the domain

Discussion in 'Domain Name Disputes' started by lethal0r, Apr 13, 2013.

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  1. lethal0r

    lethal0r Active Member

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    I have a domain which is named in the popular format [fruit] + [service].co.uk.

    About 8 companies have the same name as this domain, there is no trademark.

    Is it fair play to contact them all to see if anyone wants it or do I leave myself open to any legal action?
     
  2. Domain Forum

    Acorn Domains Elite Member

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    articles.co.uk
     
  3. namealot United Kingdom

    namealot Well-Known Member

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    Often in the mind when offering a name some will try actions of sorts, My experience some try and use the fact it was offered as a sort of indicator it was regged with them in mind sort of implied cyber squatting etc, That doesn’t mean it carries any weight legal or otherwise? If the word/s are in common use (the fact others also use it would indicate it is) and not trademarks etc it would only be them just mud slinging?

    For made up word/s e.g. “igalusp” it would be much harder? Even trademarks generic or otherwise with many meanings e.g. “apple” selling computers would be tricky. But selling apples a proven legitimate reason for regging, known as, traded as, what they are, name, occupation, service they offer etc much less so ( beware of likely confusion, passing off etc though )
    A mark doesn’t necessarily give holder automatic rights to every use of a word (Although “easy shat” seam to think it does) It can possibly limit others use of it (not the same classes etc) Likewise no mark doesn’t automatically mean everyone can use it either?

    Be wary of what you put when offering avoid “I saw your advert, product and thought the names free to reg and you’ll want it so I can make a few bucks I regged it how much you going to give me for it” type ;)
     
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    Last edited: Apr 13, 2013
  4. sdsinc Iceland

    sdsinc Active Member

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    You mean they have no registered trademark.

    But they may still have trademark rights through notoriety and usage.
    One way to look at it is like this: would you have registered that domain if there wasn't a couple companies using that name ? Are you currently using the domain ? What was your purpose when you bought it ? There are questions you might get asked.

    Contacting the companies can be done but is not without risk. I prefer to let potential buyers approach us. If you solicit them, they have the upper hand as to pricing as well.
     
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  5. lethal0r

    lethal0r Active Member

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    very helpful thank you both
     
  6. lee United Kingdom

    lee Active Member

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    Tell them that you currently having a website designed for the domains and they designers have noticed that there seems to be email coming in seemingly destined for the people you are contacting. Ask them if they would like to forwarded on if so, to what address?

    A lot of the time they then get round to making you an offer for the domain, the price of which you can inflate to a level that suits if required because of the cost of the aforementioned 'designers' that are half way finished and need paying.

    I do not condone or promote this method, its just an idea.
     
  7. Murray

    Murray Well-Known Member

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    If the domain is that good, sooner or later they will come to you.
     
  8. namealot United Kingdom

    namealot Well-Known Member

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    That could be making a very strong case for them…?

    If they had any sense they'd then look down the “confusingly similar” route and you’d have given them more ammunition by admitting it yourself....?

    You might be able to double bluff them by saying you believe mail that was addressed to you has gone to them in error....? I’d probably stick clear of it most of the time though
     
    Last edited: Apr 16, 2013
  9. Bailey United Kingdom

    Bailey Well-Known Member

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    Agreed - Don't ever try to complicate matters beyond simple negotiations
     
  10. lee United Kingdom

    lee Active Member

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    If its a £6 name, then what is the harm?

    With the price of a DRS being Circa £650, then turning £6 into £300 will benefit all parties.

    The risk of having to pay the higher figure will put off most companies who will be happy just to shell out £300. Win/Win.
     
  11. namealot United Kingdom

    namealot Well-Known Member

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    Then just phone them up and ask them if they want it... rather than fluffing around win win even quicker ;) Although having said that i have bought products asked for catalogues etc from companies only so when they ask my email etc that i can give them the domain name thats worked a few times
     
    Last edited: Apr 16, 2013
  12. DaveLeeds United Kingdom

    DaveLeeds Well-Known Member

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    So you've known this to be successful on a number of occasions?

    I'd agree this idea should be avoided it would only make them doubly cautious when the emails didn't arrive. Or are these to be manufactured too?
     
  13. RobM

    RobM Well-Known Member Exclusive Member

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    DRS isn't the be all and end all. You can be sued in court for damages. I was sued for $250,000 for a co.uk in a french court. My lawyer settled out of court for several thousand pounds - the domain earned me £27 :p
     
  14. lee United Kingdom

    lee Active Member

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    You registered it in your own name? Schoolboy error :D
     
  15. lee United Kingdom

    lee Active Member

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    Unless you are a magic sales person with lots of domain patter then the likelyhood of getting through to the right person is slim.

    Best of sending a message on Twitter, FB, Email, Post and Fax, depending on your favourite choice of medium. Gives them a choice to let it sink in, discuss it at a higher level, construct a response etc.
     
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  16. namealot United Kingdom

    namealot Well-Known Member

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    Multi nationals may well be true (I also do that) Although they often employ people to tweet facebook etc Smaller companies a few hundred or so employees tend to have small sales team with manager often directly under directors? Its relatively easy to get to speak to them they often have the ear of the people you need and will want to grab any opportunity to increase there sales (A driven competitive sales manager and the chance of any increase in sales he will do the patter for you ?) They'll often side line marketing and go to director level if they think it will score them brownie points sales patter is easy wanna buuuyyyy a dawg:p
     
    Last edited: Apr 19, 2013
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