20i Reseller Hosting

Trademark/DRS advice

Discussion in 'Domain Name Disputes' started by martin-s, Mar 9, 2013.

Thread Status:
Not open for further replies.
  1. martin-s United Kingdom

    martin-s Well-Known Member

    Joined:
    Jul 2012
    Posts:
    3,329
    Likes Received:
    227
    Hi,

    Is anyone able to give me some advice on the likelihood of winning a trademark dispute (our trademark, someone else with an exactly matching domain operating in our industry using a 301).

    Thanks,

    Martin
     
  2. Domain Forum

    Acorn Domains Elite Member

    Joined:
    1999
    Messages:
    Many
    Likes Received:
    Lots
    articles.co.uk
     
  3. Edwin

    Edwin Well-Known Member Exclusive Member

    Joined:
    Apr 2005
    Posts:
    9,825
    Likes Received:
    535
    Depends on so many things... For example (not an exhaustive list)
    - is your trademark older than the domain? (if not, forget it - did you expect the domain owner to be psychic?)
    - is the trademarked term (also) generic? (makes it harder to win a drs, and likely impossible if it's "very" generic)
    - are you actively using the trademark and can you demonstrate use (if not, why not? easier for the other party to prove they didn't know about it)
     
  4. martin-s United Kingdom

    martin-s Well-Known Member

    Joined:
    Jul 2012
    Posts:
    3,329
    Likes Received:
    227
    PM'd Edwin, thanks.
     
  5. Murray

    Murray Well-Known Member

    Joined:
    Sep 2012
    Posts:
    3,732
    Likes Received:
    280
    Have you had someone legally representing you contact them?

    Just by getting a letter it might scare them off using it.
     
  6. foz

    foz Well-Known Member Exclusive Member

    Joined:
    Oct 2006
    Posts:
    3,034
    Likes Received:
    34
    Seek specialist legal advice.
     
  7. namealot United Kingdom

    namealot Well-Known Member

    Joined:
    May 2008
    Posts:
    2,097
    Likes Received:
    46
    As said dates, usage, class etc all count. If there in the same field likely confusion etc registered, unregistered rights hard without knowing name etc From a legal point most start with a “Trademark Infringement Cease and Desist Letter” (Plenty online) sent to infringer and Host (Most Uk, European, American (less so) will drop them like a lead balloon first whiff of anything remotely legal) If company is uk based ditto hosting etc makes it pretty easy as opposed to bongo bongo land with hosting in some dodgy backwater etc If your unsure then seek legal representation.
     
  8. Bailey United Kingdom

    Bailey Well-Known Member

    Joined:
    Apr 2009
    Posts:
    3,427
    Likes Received:
    74
    Most that cut-their-teeth many years ago in domains, are not overly influenced by a badly thought-through receipt of some legalise letter. Some have given me more laughs than I could have ever anticipated.

    However, I appreciate how difficult it must be to distance yourself and make an informed judgement when it's your own TM being potentially abused. But, again I find it difficult to understand how individuals can be allowed to register TM's without the understanding of the legal responsibilities as well as rights (Yep same goes for domainers)

    It's not a personal dig Martin-s because your not alone in your lack of clarity regarding your TM.
     
    Last edited: Mar 10, 2013
  9. lethal0r

    lethal0r Active Member

    Joined:
    Jan 2010
    Posts:
    286
    Likes Received:
    3
    multiple companies same name no trademark I have the domain

    I meant this for a new thread many apologies.
     
Thread Status:
Not open for further replies.