trade issue

[uthink]

Hi all
I have a dot co dot uk which contains 2 generic words. 5 months after registering it a trade mark was applied for(not me) and has since been granted containing my exact 2 words.
the domain is really only got one use and this use is covered in the trademark, The company in question is using the .com version in the UK and i do receive a fair amount of traffic from this.
I currently have the domain parked but as the domain only has 1 use the parking page sometimes contains key words which are associated with the TM owner, should i stop parking it?? and also if i put it up for sale can that be used against me in any DRS case?.
Final note at the time of reg the .com was not trading and there was no TM.
thanks

 

[accelerator]

What I would avoid is displaying any ads under the domain that could be claimed as "passing off", i.e. displaying ads related to the trademark owners business. You need to be sure that such ads aren't being displayed, so if parking can't guarantee this, then unpark it, and maybe use your own website with fixed ads instead.

Regarding selling it, if you put up your own site, you could then add a link saying "We may consider selling this domain" with a link to contact you. The important bit is that the trademark owner decides to contact you rather than you approach the trademark owner. If you approach them you could be accused of exploiting their trademark.

Disclaimer - These are just my opinions and should not be relied upon, you should seek professional advice if you feel it necessary.

Rgds