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Hi all,
This is my first post so apologies if i'm breaking any forum rules or if I am bringing up an old subject.
I am after a bit of advice regarding trademarks in domain names. I work for a specialist sports shop selling racket sports equipment. We registered a domain name which included a well known rackets sports manufacturer in followed by 'shop.co.uk'. We were not cybersquatting or parking the domain, and on the site we sold nothing but the manufacturer's products - we did not sell anyone else's products.
We launched the site back in September 2008 and notified the manufacturer in question around the same time. At the time the manufacturer did not object to us using their trademark in our domain. In fact they added a link from their website to ours! However recently they have told us we are no longer allowed to use the domain and are demanding that we give up the domain, saying that we have breached contract and they will stop supplying us as a result of the alleged breach of contract.
Obviously we do not want to give up the domain as we have spent a lot of time and effort promoting it and we feel it is unfair for them to turn around and say we cannot use it after a knowing we had it for over a year!
They recently took a company in the Netherlands to court in a very similar case and lost. They then took it to the court of appeal and lost again. Finally settling outside of court. Their solicitors are claiming that if that case was brought before a UK court they would have won. But still as far as I am aware for a company to claim a passing off action they have to prove damages, and obviously by just selling their products, like we are licensed by them to do, there can be no damages?!
We are only a small company and cannot afford to go to court and are generally worried about losing our contract with the manufacturer, as we do most of our business with them.
Does any one have any advice or can recommend any solicitors specialising in domain names in the midlands area?
Thanks in advance.
This is my first post so apologies if i'm breaking any forum rules or if I am bringing up an old subject.
I am after a bit of advice regarding trademarks in domain names. I work for a specialist sports shop selling racket sports equipment. We registered a domain name which included a well known rackets sports manufacturer in followed by 'shop.co.uk'. We were not cybersquatting or parking the domain, and on the site we sold nothing but the manufacturer's products - we did not sell anyone else's products.
We launched the site back in September 2008 and notified the manufacturer in question around the same time. At the time the manufacturer did not object to us using their trademark in our domain. In fact they added a link from their website to ours! However recently they have told us we are no longer allowed to use the domain and are demanding that we give up the domain, saying that we have breached contract and they will stop supplying us as a result of the alleged breach of contract.
Obviously we do not want to give up the domain as we have spent a lot of time and effort promoting it and we feel it is unfair for them to turn around and say we cannot use it after a knowing we had it for over a year!
They recently took a company in the Netherlands to court in a very similar case and lost. They then took it to the court of appeal and lost again. Finally settling outside of court. Their solicitors are claiming that if that case was brought before a UK court they would have won. But still as far as I am aware for a company to claim a passing off action they have to prove damages, and obviously by just selling their products, like we are licensed by them to do, there can be no damages?!
We are only a small company and cannot afford to go to court and are generally worried about losing our contract with the manufacturer, as we do most of our business with them.
Does any one have any advice or can recommend any solicitors specialising in domain names in the midlands area?
Thanks in advance.