Please give me some advice - thanks in advance!

[jacal1]

I just got a DRS complaint for a name I own. I registered it when I saw it come free because I liked the name. I think many reasonable people would like the name. Before I regged I did a cursory check of google/UK and there was absolutely no mention of this name or any website related to this name. I also looked in archive.org and there were no entries.

I NEVER register a name to hurt anyones business or to cyber squat, but that is what I am accused of. I had absolutely no idea it was the name of anyone's business. The claim is that he was not informed that it was up for renewal and it is the name of his business.

I feel strongly that this complaint cannot prove the "abusive registration" part that is necessary for me to have to give it up...however, I want to be fair and do what's right.

Advice?

 

[Admin]

Is it a trade mark? check for this more than what Google says

 

[jacal1]

checked it here: http://www.ipo.gov.uk/tm/t-find/t-find-text.htm under "find trademarks" "by mark text" and got "no hits found", with and without the .co.uk extension...

 

[Beasty]

checked it here: http://www.ipo.gov.uk/tm/t-find/t-find-text.htm under "find trademarks" "by mark text" and got "no hits found", with and without the .co.uk extension...

If you want a free appraisal of the case, please PM me and I will send you my email address.

 

[retired_member16]

Advice?

Sell it to me.

 

[jacal1]

I do feel bad, because I try to stay millions of miles away from these disputes, and I'm very careful when registering, but here are some facts (Which are most relevant?):

1. He regged it over two years ago and never developed it

2. It is the name of business he registered in the UK 5 years ago, but never got off the ground

3. It was up for renewal in January and he says he did not get the notice

4. It took 2 months after I registered it for him to file a complaint

5. I truly did look into ways to use it commercially

6. I had absolutely no idea of his existence - checked for TMs, did Google and Yahoo searches, looked at archive.org - no references at all (So I can't be accused of purposely doing anything with regard to his business)

7. I have never been accused of infringing on anyone's mark before.

What should I expect to happen next. I do feel bad due to #2 (Although the fact that he registered that business name before the domain was available might siggest he knows a thing or two about infringing on people's business names!)

I truly want to do what's fair all around. I'm not in this to hurt anyone's business.

 

[businessdata]

It is the name of business he registered in the UK 5 years ago, but never got off the ground

You saying as well as never having registered the TM, never having launched a site, he never even launched the business?
Then why feel sorry for him? He should be more careful. Hold your ground on this one. I reckon you have a strong defence.

 

[jacal1]

I gave him the benefit of the doubt re: the reg of the business name 5 years ago - maybe he was waiting for the domain to free up. However, he's had both the business name and the domain name for 2.5 years now.

Can a registration be "abusive" if there is no company or product with that name currently in active development or up and functioning. (And by active development, I think 2.5 years and no web site would not pass that test.)

 

[keys]

This sounds like a very weak case for a DRS complaint. If you have made no offer to sell the domain to him then his position is probably hopeless. Similar hard luck stories are common in the domain business.

I would be surprised if he is able and willing to pay £750 for an expert decision, and even more surprised if he was successful (based on info available).

If he lost the domain because he didn't bother to renew it, then that's his fault. If he didn't keep his contact details up to date that's also his fault. I have no sympathy with his position, and I would explain this to him in a brief email.

 

[stender]

I Agree with keys. But if you feel that bad and depending on if the domain is of value you could say I have invested money in this domain and am already paying for a site to be developed. He may then come back with an offer. And you haven't offered to sell it to him so evetything is cushty.

 

[jacal1]

Thanks all. I appreciate the support...it shook me up a bit to get the letter which felt like an accusation. I am careful and thoughtful when I reg names, and will continue to be, and in this case I know I did nothing wrong.