Not replying to solicitors letter/demand

[aquanuke]

Brief outline first..

You recieve a solicitors letter demanding you hand over a domain their complaint being passing off due to PPC adverts (otherwise doubtful IMO they would have a case regarding the domain name as its a common surname, that also happens to be theres).

Normally these types of complaints come registered post but this one did'nt so Ive not signed for it, and besides I dont agree they have a claim (however I did unpark the domain for them)

The letter simply demands I hand over the domain regardless that I dont believe they have any right to it (besides Ive now sold the domain to someone else )...

I intend just to ignore them and pretend I never recieved the letter, what problems could this cause me if any?

 

[retired_member6]

They're only solicitors, they're not the law. As for unparking, that shows guilt, I wouldn't have done that but you've sold it anyway so who cares, rip it up and put it in the bin.

 

[russ]

Tell solicitor domain no longer yours

Having had my solicitor write several letters regarding infringing of my trade marks, the first letter is normally enough to stop the domain owner using the domain in such a way as to infringe your rights, or to take their site down. But there's no reason why they should hand over the domain except as an out-of-court settlement for damages, or if it was registered in bad faith.

 

[retired member 1]

I love these letters, i'd have some fun replying to them if you get bored...I had one recently on a completely generic domain, he was saying due to previous IP rights over the term and the fact that the customer had traded under this *generic* term for a number of years I had little to no rights over the domain.

I argued my case and managed to make a mid £x,xxx sale at the end of it all, so it is worth arguing. In this case though if you have sold the domain to another party i'd probably give them a quick call and tell them you are no longer the legal registrant and the domain is already in transfer to another party.

 

[retired_member6]

I love these letters, i'd have some fun replying to them if you get bored...I had one recently on a completely generic domain, he was saying due to previous IP rights over the term and the fact that the customer had traded under this *generic* term for a number of years I had little to no rights over the domain.

I argued my case and managed to make a mid £x,xxx sale at the end of it all, so it is worth arguing. In this case though if you have sold the domain to another party i'd probably give them a quick call and tell them you are no longer the legal registrant and the domain is already in transfer to another party.

But don't tell them until transfer is complete - although if they have any sense they'd be monitoring it. I think court action being filed or initiated can prevent a transfer going through. Best to check.

 

[charlie]

I've got a letter from a company in scotland who's registered the company name last month and now is claiming a legal right to the domain name i registered 2 years ago. - (really poor headed note paper)
he hasn;t a chance
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.has he?

 

[olebean]

I've got a letter from a company in scotland who's registered the company name last month and now is claiming a legal right to the domain name i registered 2 years ago. - (really poor headed note paper)
he hasn;t a chance
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.
.
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.has he?

Ask Mike Pennman

 

[rob]

I've got a letter from a company in scotland who's registered the company name last month and now is claiming a legal right to the domain name i registered 2 years ago. - (really poor headed note paper)
he hasn;t a chance
.
.
.
.
.
.
.
.has he?

Got something similar ongoing... logic says not a leg to stand on... however this is Nominet DRS

 

[Sequitur]

I've got a letter from a company in scotland who's registered the company name last month and now is claiming a legal right to the domain name i registered 2 years ago. - (really poor headed note paper)
he hasn;t a chance
.
.
.
.
.
.
.
.has he?

Does the letter writer rely upon the registration of a company name or the registration of a trade mark?

The date of registration of a company name (at Companies House or the Scottish equivalent) does not create any IP rights.

The date of registration of a trade mark protecting the company name would obviously be relevant in Nominet proceedings. It wouldn't, however, be conclusive: for example, the company might be able show that it used the mark, and acquired unregistered trade mark rights, before the date of your domain registration.

Got something similar ongoing... logic says not a leg to stand on... however this is Nominet DRS

Same applies for UK court proceedings (at least below the level of the High Court). You never know what judge you're going to get, or what side of whose bed he or she has just rolled out of...

I love these letters, i'd have some fun replying to them if you get bored...I had one recently on a completely generic domain, he was saying due to previous IP rights over the term and the fact that the customer had traded under this *generic* term for a number of years I had little to no rights over the domain.

I argued my case and managed to make a mid £x,xxx sale at the end of it all, so it is worth arguing. In this case though if you have sold the domain to another party i'd probably give them a quick call and tell them you are no longer the legal registrant and the domain is already in transfer to another party.

Sensible attitude ... unless there's proper money at stake. Although the worst that will happen at Nominet, WIPO, NAF or the Czech arb court is the loss of the domain and a black mark against you for future cases, you don't want to find yourself on the wrong end of a passing off or trade mark infringement action. E.g. one side, represented by a decent firm of sols and decent counsel, would expect around £500k+ of legal costs on a typical passing off case. If you were a losing defendant, you could expect to be ordered to pay 75-80% of those costs. Rare situation, sure - but it does happen.

Sequitur

Sequitur IPS - Domain name disputes, cybersquatting and UDRP cases - Home

 

[aquanuke]

i'd probably give them a quick call and tell them you are no longer the legal registrant and the domain is already in transfer to another party.

Cheers Jordan, Im gonna hand write a letter with a pink crayon saying "my daddy told me to say I dont own own this name anymore, but I wish I did as I could buy alot of nice toys with the £50 you said you would give me"

 

[retired_member12]

I've got a letter from a company in scotland who's registered the company name last month and now is claiming a legal right to the domain name i registered 2 years ago. - (really poor headed note paper)
he hasn;t a chance
.
.
.
.
.
.
.
.has he?

They registered a company name, and are then on to you within one month? It's possible they already knew about the domain name before registering the company name. Reverse domain name hijacking maybe?

 

[disruptive]

Actually the cost of registering a UK Ltd Company is not too far off that of buying a domain. I think last time I set-up a uk based Ltd company it cost me a mere £60, well worth the investment. In fact you can do it almost for FREE if you want to fill out all the paperwork yourself. The UK has one of the most easy going and free societies for the creation of businesses.

I therefore would not put it past many people to try a register a company in retrospect. The question is therefore what are we going to do protect ourselves from possible DRS cases brought about by "reverse hijacking".

As people have pointed out quite clearly by registering a company I may infer that I rights to the name before the date of registration or that I was trading in some way....could be possible to bluff or fake this with a little ease.

Anyhow I'm off to companies house....business.co.uk and sex.co.uk you had better watch out

 

[retired member 1]

Cheers Jordan, Im gonna hand write a letter with a pink crayon saying "my daddy told me to say I dont own own this name anymore, but I wish I did as I could buy alot of nice toys with the £50 you said you would give me"

Classic, get it done :-D

 

[russ]

Anyhow I'm off to companies house....business.co.uk and sex.co.uk you had better watch out

A registered company name alone doesn't give you any sort of intellectual property protection in the UK. Different in some other EU countries though.