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Trademark/DRS advice
- Thread starter martin-s
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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)
- 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)
Murray
Nominet Registrar
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Have you had someone legally representing you contact them?
Just by getting a letter it might scare them off using it.
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.
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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.
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.
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