Multiple trademark holders & domain selling

[TallBloke]

Can anyone offer any insight?....

Let's say for example I acquire the domain name example.co.uk from a limited company liquidation and want to sell it. There are several companies in different industries who each have a trademark in various TM classes for 'example'.

Is it considered an abusive registration ( if the TM holder is of the opinion that it is, they may not) if I contact each TM holder, offering the domain for purchase?

They can't all claim it can they?

How do companies that sell assets, domains included, handle these situations?

 

[ian]

I would imagine that providing the domain name is generic, i.e. keywords, and there is evidence to suggest that quite a number of companies are using it and it wouldn't have a direct impact on a company, then they'd struggle to take it from you. However, if it was a brand name or product name, I'd stay well clear.

 

[TallBloke]

Thanks.

Dictionary word in this instance and I can see different companies with TMs in the IPO.gov.uk website.

 

[foz]

Is it considered an abusive registration (if the TM holder is of the opinion that it is, they may not) if I contact each TM holder, offering the domain for purchase?

Yes. It would form part of the complainants argument, that:

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

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

 

[TallBloke]

@Foz

Thanks, I'd read that paragraph on the Nominet site before I posted here. My thoughts were that approaching a TM holder could be a problem.

So in practice you wait until (maybe) one the TM holders makes an offer? Or another party does.

 

[foz]

So in practice you wait until (maybe) one the TM holders makes an offer? Or another party does.

Yes, let inbound do its thing. If you have enough of these things, it soon turns into a torrent of inquiries per day.

 

[SF]

yes, let inbound do its thing. If you have enough of these things, it soon turns into a torrent of inquiries per day.

lol!!!! :d