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Query / Advice regarding second DRS

Discussion in 'Domain Name Disputes' started by khalid, Sep 29, 2014.

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  1. khalid

    khalid Well-Known Member

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    Hi,

    So here's the story that I need some advice on (with names changed!);

    Acme Building Company has been trading for 11 years and has a trademark for their name with logo. Their logo is their lettering ABC.

    The company is often referred to as ABC and sells a variety of products relating to the building trade but primarily doors.

    Last year some individuals set themselves up as ABCdoors.co.uk and when this came to light Acme started a DRS. ABCdoors.co.uk were non responsive and Acme won the domain.

    Acme has since filed for a trademark "ABC" and now uses ABC.co.uk as their primary domain. This further enhances the fact they are known as ABC.

    Recently the same individuals behind ABCdoors.co.uk have registered and setup ABC-doors.co.uk

    Acme went to Nominet who said they should start another DRS.

    Acme sent a Cease & Desist to the individuals as well as the website host but neither have responded.

    What else could be done as the DRS option is not only expensive, there is nothing stopping the individuals from continually changing their name?

    Thank you in advance.
     
  2. Domain Forum

    Acorn Domains Elite Member

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    articles.co.uk
     
  3. accelerator United Kingdom

    accelerator Well-Known Member

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    First thing I would do is speak to Nominet again, and say "Surely the DRS for abcdoors.co.uk would also apply to abc-doors.co.uk" so can't you just apply this straightaway without the need for another DRS.

    Rgds
     
  4. khalid

    khalid Well-Known Member

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    There's a two year gap between domain 1 being transferred and domain 2 being complained about.
     
  5. Rob_F United Kingdom

    Rob_F Well-Known Member

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    That isn't going to happen and neither should it.

    Despite the domains being very similar, the facts surrounding them may be different.

    - Rob
     
  6. bluerock

    bluerock Well-Known Member Full Member

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    If I was them they already have the initial drs complaint.
    Modify some of the details to abc-doors.co.uk and file it.

    If they dont respond then its £200. They probably already paid that for 2 x cease and desist letters.
     
  7. namealot United Kingdom

    namealot Well-Known Member

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    Many host will ignore CAD if there offshore or if sent from non legal firms ? You could try "g" not caching if there’s a TM and use the prev DRS as too back up to your claim but they can be a bit hit and miss If I remember its on

    https://support.google.com/legal/troubleshooter/1114905?hl=en#ts=1115655

    Other options through the courts will probably cost more than DRS nom it’s a new claim as it’s a different name? You can use the prev in your case but don’t expect them not to charge
     
  8. martin-s United Kingdom

    martin-s Well-Known Member

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    DRS, then legal for damages once you have a successful decision?
     
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