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I used to own this domain but was taken on a DRS by the popular magazine.... does anyone think I could have defended it? I had used it previously to market a local gym using the catch line "take a break"
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www.takeabreak.co.uk
- Thread starter barnsleyphil
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Evidence
At the time they had evidence that I was trying to sell it for £10,000
They also had evidence that I owned Madonna.co.uk - Madonna Resources and Information. and was offering that for sale at the same price.
In the end they offered me what it would have cost for them to proceed with the DRS about £850 for the domain which I accepted thinking the evidence they had of me offering the other domain name for sale at the same time would be enough to get the DRS decision in their favour.
At the time they had evidence that I was trying to sell it for £10,000
They also had evidence that I owned Madonna.co.uk - Madonna Resources and Information. and was offering that for sale at the same price.
In the end they offered me what it would have cost for them to proceed with the DRS about £850 for the domain which I accepted thinking the evidence they had of me offering the other domain name for sale at the same time would be enough to get the DRS decision in their favour.
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Just because you tried to sell it for 10k it doesn't mean you are guilty of anything. However if you approaached them and asked for 10k that's different although not conclusive.
DRS's are tricky and sometimes can go either way, regardless of who is right.
Madonna is a bit tricky but means little unless she has drs'd you, so on it's own it wouldn;t have affected this case.
DRS's are tricky and sometimes can go either way, regardless of who is right.
Madonna is a bit tricky but means little unless she has drs'd you, so on it's own it wouldn;t have affected this case.
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Kit Kat
There slogan is have a break unfortunately!
Take your point about the travel site though. Oh well never mind, still got a few more left to try and sell at some point soon....
thetheatre.co.uk
take2.co.uk
snaphappy.com
There slogan is have a break unfortunately!
Take your point about the travel site though. Oh well never mind, still got a few more left to try and sell at some point soon....
thetheatre.co.uk
take2.co.uk
snaphappy.com
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If they didn't have a UK trademark then they had no more right to the domain name than you and it should have been an easy defence.
Rgds
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... it was still a reasonable sale though 
Rgds
Rgds
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Tm
They did have a UK trademark yes
They did have a UK trademark yes
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OK, then it's extremely likely you would have lost any DRS dispute.
Rgds
Rgds
Not a bad price anyway, would only be worth 10k to the magazine but unfortunately they know the score, in my eyes this wasn't cybersquatting and ashame you didn't defend it.
Personally i would have said f*ck you to the magazine publishers, probably Polestar, they own most magazines, and i would have carried on with the drs, but yes a travel site definitely, with no ads relating to magazine subscriptions.
Ah well, we all win some and lose some.
Personally i would have said f*ck you to the magazine publishers, probably Polestar, they own most magazines, and i would have carried on with the drs, but yes a travel site definitely, with no ads relating to magazine subscriptions.
Ah well, we all win some and lose some.
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Know what you mean...
Every time I see the website address on the front page of their magazine I kick myself...... the girl from Nominet who acted as our mediator did say though that if I took it to the tribunal and lost it would go against me for any future DRS claims or sales of names so that was the final thing that put me off risking it.
I can see you don't mind taking risks though.... that streak at Old Trafford!
Every time I see the website address on the front page of their magazine I kick myself...... the girl from Nominet who acted as our mediator did say though that if I took it to the tribunal and lost it would go against me for any future DRS claims or sales of names so that was the final thing that put me off risking it.
I can see you don't mind taking risks though.... that streak at Old Trafford!
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