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Trademark Problem

Discussion in 'Domain Name Disputes' started by dlone, May 31, 2015.

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  1. dlone United Kingdom

    dlone Active Member

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    na
     
    Last edited: Jun 8, 2015
  2. Domain Forum

    Acorn Domains Elite Member

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  3. foz

    foz Well-Known Member Exclusive Member

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  4. accelerator United Kingdom

    accelerator Well-Known Member

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    You were trading using this name BEFORE them, and therefore built up reputation before them. Therefore, you cannot be meaningfully challenged over your use of the term and have a clear defence on your original domains.

    The problem for people who have registered domains but not a trademark is that someone else can reg a trademark after them, and then challenge the original person for any additional domains in the term subsequently registered by that original person. This is wrong in my opinion, and is similar to reverse hijacking (though not exactly the same). However, people can leave themselves open to this type of behaviour if they don't have a trademark and aren't actively watching the trademarks database ready to oppose applications for your terms. The problem is, it's very difficult to actively watch the trademark database for your terms. I imagine there's a service that might do this for you, but it's bound to cost a lot, and the alternative of reading the trademark journal publications yourself is rather time consuming.

    I'm happy to discuss this further with you if you'd like to PM.

    Rgds
     
  5. namealot United Kingdom

    namealot Well-Known Member

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    Although it might be actively difficult to check if someone’s registering a trade mark it’s not difficult for you to register it? There not going after the hyphenated which some might say the trade mark could give them a go at just the non (likely because you registered it before they had the non hyphenated which lowers there chance?)and there case for the non is much stronger..

    It could come down to how long they/you have be trading? Although you say there site says 2006 there name was registered before that date? Trademarks offer some protection but not Carte blanche, If you can prove you were trading as name prior e.g. invoices, business transaction, advertising, etc you may well win.

    But as you actually registered the non after there trademark and after there com doesn’t bode well as although you had the hyphenated before them there not going after that? They can argue you choose to brand market yourself etc as the hyphenated as the non was free to reg at the time of purchase of the non (com)If you cant prove a legitimate use of name prior to them I’d say they’d win but they’ve still got to pay the fees etc if you don’t role over and with a nom panel there’s always a chance if there claim is not watertight or badly attempted not prepared well etc
     
    Last edited: Jun 1, 2015
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