Views on possible trademark dispute...

[namealot]

Just want clarification and others views that I’m up to date with regard trademarks and nominet ? I regeistered a genericgeneric .co.uk e.g dentalsurgeon co uk another party registered the same in .org .net.com after my registration date they also registered trademark e.g abdentalsurgeon (Image) mark as text "ab dental surgeon" also after my domain registration date.

They have developed there domains and approached me as I have the domain for sale , I responded with standard “make me an offer” they then made an offer but in there offer they have stated they have the trademark for e.g dental surgeon (which they do not they have it for ab dental surgeon) also that they own the .com etc

My belief is they have no leg to stand as I registered the domain prior to there registrations and also although they have a trade mark its not the exact word and the word is a commonly used generic term in the field in which it describes, From experience I know nominet to be quite inconsistent but should they go down the DRS route which I believe they will hence the saber rattling and the mentioning of “trademark” what are other views on my chances

 

[Skinner]

I normally wouldn't engage in something like this, but given their mark isn't a pure match, and that they would have to prove they had more rights to this than the other 100k in the country to claim the pure mark. I think I'd pick up my baseball bat, put me some rusty iron nails in it and go to bat.

Seems the pre-reg date, the generic nature, and the volume of such buyers would make it pretty hard to lose, but as you say nom's experts clearly smoke more than the pope

 

[grantw]

On the face of it I'd say they have no chance and personally I'd tell them to stick their offer/threat and have no further communication with them.

If it's parked or got any sort of ads on it I would remove them for a while just to minimise their ammunition.

Grant

 

[namealot]

No ads not so sure if you would consider it parked as Never been quite sure of the definition of a parked page normally put up page with

domain name

For Sale £££ offers

one email link

one too second page

(saying welcome to domain)

would you consider that a holding or parking page

I thought Domain parking refers to an Internet domain name without that domain being used to provide services such as e-mail or a website. I know they could easly argure it does not provide a service but it does provide one for me that is the email ?


I will remove For Sale £££ offers just incase ?

 

[grantw]

I'd consider that a holding page. A parked page to me is something like sedo or namedrive ie. a page full of ppc ads that could well contain adverts for this companies competitors which can lead to problems.

I'd leave it as it is then. It's your choice whether to remove the for sale text, you're doing absolutely nothing wrong by offering a generic domain for sale.

Grant

 

[HariSeldon]

Concur that they've no chance based on generic terms and you had the domain prior to their probably-irrelevant trademark.

Even if they'll eventually lose you don't want the hassle of a DRS though so if it were me I'd politely point out the discrepancy regarding their trademark claim in an effort to head them off.

 

[aZooZa]

I agree. On the basis of what you've said, they are trying it on and have no basis for a claim. Looks like a reverse hijack to me. As Grant says, it's important not to park it at this stage. A holding page is fine.