Two letter domains

[Retired_member41]

There is a domain dropping today, areyou.co.uk

Would someone who caught this, and set up a business based around it, with a tm applied logo of say RU have a claim on ru.co.uk if it were available?

Obviously there are tons of other strings of names you could use to make two letter websites, but could you legally have a case?

I would say yes, as no tm cut off date to my knowledge has been discussed?

 

[grantw]

I would say yes, as no tm cut off date to my knowledge has been discussed?

I'm pretty sure a TM cut-off date has been proposed.

Grant

 

[retired_member12]

I'm pretty sure a TM cut-off date has been proposed.

Grant

Yes, a sort of anti carpetbagging measure. That'll keep the new Chair at Nominet happy, she seems to be an expert in that matter.

 

[grantw]

The PAB recommended a cut off date for qualifying rights for IP rights holders. They
suggested 1996 and 2002 as possible dates..........

It needs a cut off date in my opinion or it's just gonna turn into a .eu fiasco with everyone registering bogus company names and trademarks to try and claim domains.

Grant

 

[Retired_member41]

The only reason I ask is, I was speaking to a well known lawyer this morning and happened to mention it to them.

They reckon if you were to register a company and apply for the tm, nominet would either have to give you it, or not issue it. With another challenge to be made later for use of the name.

Obviously she put it more clearly than that, but you get the gist.

There are a few more legal experts on here as i have read, so is this possible?

ps I say well known, as a few on here know her.

 

[grantw]

They reckon if you were to register a company and apply for the tm, nominet would either have to give you it, or not issue it. With another challenge to be made later for use of the name.

If there was no cut off date then that's probably correct, unless there are multiple rights holders in which case sealed bids are proposed.

Grant

 

[Retired_member41]

I see that, but she said the cut off date merely stopped one obtaining the domain immediately.

And a non contested tm with no similar tm's would force them to not issue it, as they would be potentially damaging the uk tm holder if they were to do so.

The rules about something to do with how well known the tm was did not matter in this instance.

So if this was correct, not only would you be able to do this, surely anyone with a tm problem could act against nominet?

I mentioned the drs, and she said they still have to act responsibly, so does that mean nominet would have to monitor every regged domain. obviously not, but if not, whats makes nominet above the law?

So surely it can not be, as you said, but what about acting responsible?

 

[grantw]

I have no idea, if Nominet use a cut off date and stick to it then I guess they will have taken all the legal advice they need to make sure it sticks and they don't end up getting sued etc.

Grant