Possible Trademark Issue ?

[Gaurav]

Hello

Guys need your valuable advice on following issue.

I am looking to finalise a domain purchase (Credit experts dot co uk) but it's singular version (Creditexpert) has a registered trademark & from what i read a trademark filed in singular will protect the plural version and the other way around.

Any advice in this issue will be much appreciated.

thanks in advance

 

[Lovekraft]

Were you the winning bidder on DomainLore? If so you have to honour your bid, you can't back out now.

Perhaps you should have carried out the research beforehand?

Seeing as you have asked, I think there could possibly be trademark issues, I'd be very careful about parking it as any links that might lead to competitors or similar services to the trademark holder could be enough to give them the opportunity to dispute it.

 

[Gaurav]

Lovekraft if it's trademark affected it should not be on domainlore in the first place. If there is nothing that can be held against the domain i'll definitely go through with it.

 

[Gaurav]

thank you for the input Lovekraft.

 

[Murray]

Looking at the trademarks they couldn't get the mark "credit expert" for class 36

https://www.ipo.gov.uk/tmcase/Results/1/UK0002450206B

"Credit reference agency services; credit scoring; preparation of credit reports; consumer credit history services."

So if that's what it's planned to be used for you should be cool

But If you plan to sell cameras or host award ceremonies you're out of luck

https://www.ipo.gov.uk/tmcase/Results/1/UK0002450206A

These are my (extremely) novice thoughts though so..

 

[Gaurav]

thank you the valuable input Murray, it's much appreciated.

 

[Murray]

thank you the valuable input Murray, it's much appreciated.

No problem

I will add it does make logical sense because adding "expert" on the end of an industry is far too common to expect to be allowed to be trademarked

 

[keys]

Providing you tread carefully,I do not see the TM as a problem. As @Murray pointed out, their attempt to TM the term "credit expert" was rejected. This says that using the domain credit experts as a generic, for that class of service is ok.

The TM holder has tried to close the door, by covering goods and services that might be involved in the work or marketing of a credit expert. I am sure they will be monitoring "credit experts" closely, so be cautious.

 

[Gaurav]

Thanks for the valuable opinion keys.

 

[Sean]

Steve (admin) can we remove this thread. The winner of the name hasn't honoured his bid and another member of the forum who was bidding has stood on their offer so it's unfair to debate what for me is a none issue.

Trademark law only applies to domains insofar as it proves a right. They would have to prove the registration was abusive to win a DRS and the domain is far too generic to be abusive excluding trying to sell them the domain or sticking Experian affiliate links on there.

 

[Sean]

Seeing as you have asked, I think there could possibly be trademark issues, I'd be very careful about parking it as any links that might lead to competitors or similar services to the trademark holder could be enough to give them the opportunity to dispute it.

They were refused the trademark relating to credit reference service so they essentially abused the trademark system by applying for hundreds of none related sectors to scare away those who don't understand the limited rights of TM holders.

They wouldn't stand a chance in court defending their mark against the majority if not all those classes.

 

[Murray]

Steve (admin) can we remove this thread. The winner of the name hasn't honoured his bid and another member of the forum who was bidding has stood on their offer so it's unfair to debate what for me is a none issue..

Was the winner the OP?

 

[Sean]

Was the winner the OP?

He was and I'm sure he'll try and wriggle but the upshot is he won the auction then wrote to tell me he thought there might be TM issues and he'd do some research and let me know if he would honour his bid. That's not how it works!

I'd have more respect for someone with the balls to say I didn't think I'd win and have buyers remorse. Instead he starts a public debate.

Poor behaviour!

 

[Sean]

Just to add, I offered him a get out of jail free card which he took so it's disappointing to see this now.

 

[Sean]

Bidder "Pete" is buying the domain for his highest bid (I won't mention it here).

 

[RobM]

Make sure you let Denys know - I think he bans people who refuse to honour their bids.

 

[Lovekraft]

They were refused the trademark relating to credit reference service so they essentially abused the trademark system by applying for hundreds of none related sectors to scare away those who don't understand the limited rights of TM holders.

They wouldn't stand a chance in court defending their mark against the majority if not all those classes.

He was and I'm sure he'll try and wriggle but the upshot is he won the auction then wrote to tell me he thought there might be TM issues and he'd do some research and let me know if he would honour his bid. That's not how it works!

I'd have more respect for someone with the balls to say I didn't think I'd win and have buyers remorse. Instead he starts a public debate.

Poor behaviour!

Fair enough Sean, I stand corrected. I am definitely no expert on the subject and it was just a quick summary of my opinion without having looked too much into it.

I'm dissapointed the OP didn't honour his bid, to be honest if he made that decision based on my advice then I think he was just looking for any excuse!