I've just seen this article and I beleive it could be relevent to TM & typo domains.
http://www.out-law.com/page-7002
I used this very same defence in March over a parked domain that was "allegedly" similar (but not identical) to a multi national company's product.
The exact defence was that during the time the domain was parked, of the handful of visitors to the page, the majority were from the company and their lawyers. Therefore the company had no way of establishing damages.
I beleive that if your page is only receiving nominal traffic (1-500 Uv's per month) It's near on impossible for the claimant to establish damages to the minimum £15,000 required for the High Court. And cases will be thrown out.
There's always the option of the County Court, however, this process is timely, informal not nearly as expensive as the High Court.
I stress, this is only MY opinion and you should only park these domains at your own risk, but the article does raise some interesting points.
http://www.out-law.com/page-7002
I used this very same defence in March over a parked domain that was "allegedly" similar (but not identical) to a multi national company's product.
The exact defence was that during the time the domain was parked, of the handful of visitors to the page, the majority were from the company and their lawyers. Therefore the company had no way of establishing damages.
I beleive that if your page is only receiving nominal traffic (1-500 Uv's per month) It's near on impossible for the claimant to establish damages to the minimum £15,000 required for the High Court. And cases will be thrown out.
There's always the option of the County Court, however, this process is timely, informal not nearly as expensive as the High Court.
I stress, this is only MY opinion and you should only park these domains at your own risk, but the article does raise some interesting points.
