your opinion

Blake · Dec 29, 2011

Hi, I have a short .co.uk name which is a very cool name in its own right, it just also happens to be the name ( exact) of a global company with assets of £300 million. Using the wayback machine I discovered that this company used to own the name but let it drop in 2004. ( they trade using the .com of the same name)

I intend to offer the name to the company. My question is this, do I risk a legal challenge from them ? My own limited legal training says no as they voluntarily relinquished the name five years ago, the name is currently parked with no advertising reference to their business, what do you guys think ?

doodlebug · Dec 29, 2011

If it's their trademark then yes trouble, if it's generic and they use it to trade then you should be ok being the registrant of the domain but it could be seen as passing off if you approach them, if it's their trademark then I would stay clear but if a generic word then give it a try but use a subtle approach.

Blake · Dec 29, 2011

Thanks Doodlebug, the name ( as it is a short four letter name) is also the acronym for several other organisations, two of them in the U.K. It could be argued that these other organisations have just as much right as the major corporation I am talking about.

The company has a TM on the name in their business category. The company's HQ is on the Continent but their London operation turned over £62 million last year.

I am thinking of taking a chance and offering it to them for £2,000 if they take exception then I will hand it over to them.

Yet another example of the low importance that companies place on cctld domain names by letting the .co.uk drop.

accelerator · Dec 29, 2011

Blake said:
I intend to offer the name to the company. My question is this, do I risk a legal challenge from them ? My own limited legal training says no as they voluntarily relinquished the name five years ago, the name is currently parked with no advertising reference to their business, what do you guys think ?

Here is my opinion. It is a very bad idea to approach them, as that is demonstrating a bad faith registration, i.e. you only regged it to sell to them.

Much better to put up a holding page as follows:

__

This domain is awaiting development.

You can contact the owner of the domain as follows:

*Give your contact details*
__

Make sure there are no other ads on the domain, as that can count against you. You can try and rank the holding page by getting links in, but don't mention anything on the page that could be used against you as abuse of trademark.

Then wait and hope that they contact you.

If were to you contact them and they are smart, they will just be able to argue bad faith registration in a Nominet DRS, and get the domain for the cost involved in that (approx £700 I think).

This is my opinion and not business or legal advice.

Feel free to PM me the name if you like.

Rgds