Threatened with court action over domain

Discussion in 'Legal Issues' started by sd2010, Mar 3, 2012.

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  1. #1
    Hi

    I've had a letter threatening to take me to court if I do not release a domain name I registered approx 4 years ago.

    The domain includes the name of a company, though it's not a copy written company name. I know there are several companies that use this company name.

    Could anyone give me some advice? I don't use the domain atm. What court has the jurisdiction over the .co.uk and .com domains (I have both).

    Can they just come along and make me give it up?

    Should I start using it?

    Thanks for any help!
     
    sd2010, Mar 3, 2012 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    Without knowing the exact name it is hard to give advice, but based on what you have said so there are some factors in your favor:

    1. You have had it for 4 years.
    2. There are multiple companies with that name
    3. You have not used the name in an infringing manner. (that is not 100% clear from your post whether you not are using it now, but previously did, or never have used the domain)

    They could sue in court or file a an action under UDRP (http://192.0.43.7/en/help/dndr/udrp)

    Usually they would need to show:

    Under your facts it would be hard for them to show the registration and use were in "bad faith". Again, without knowing the name and all the facts it is impossible for anyone to give you accurate and correct advice. Hope the info helps some though.
     
    browntwn, Mar 3, 2012 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    You mean trademark. Delta is used as a trademark by an airline, a faucets manufacturer, and a bicycle parts maker, yet none are
    necessarily infringing one another as long as their usage doesn't associate any of them with one another.

    Of course, that depends on factors such as strength of trademark (if any) and consumer behavior. As browntwn said, no one can
    really tell without knowing more details.

    For .co.uk domains, Nominet will deal with that, if ever. Better talk to a lawyer specializing in this if you want to be able keep the
    domains.

    Oh, and beware of other folks who might post here telling you to sell it to them or fight them. Let your lawyer advise you what to
    do lest it gets screwed up simply because of an unknown forum member's say so.
     
    Dave Zan, Mar 4, 2012 IP
  4. Grover168

    Grover168 Peon

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    #4
    [​IMG]Thanks a lot
     
    Grover168, Mar 4, 2012 IP
  5. Gary Transform

    Gary Transform Peon

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    #5
    Trademark infringement is an serious issue and should be deal by professionals. For uk as well as other domains better talk to a professional lawyers specializing in this if you want to be able keep the domains.As far as i know Humphreys have got very experienced lawyers who can help you out for sure.
     
    Gary Transform, Mar 7, 2012 IP
  6. carpentrylai

    carpentrylai Member

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    #6
    Agreed with others. You need an attorney to advise.
     
    carpentrylai, Mar 8, 2012 IP