Registered co.uk domain name same as a .com in India

Hi,

I had booked a domain few months ago eg: www.abc.co.uk not as a cyber squatter but do entertainment business in United Kingdom.

I realised that A company www.abc.com is already operating in India with same name but has registered the domain much before i did.

Do you think I will face any legal action? The domain name itself sounds like and entertainment business domain, so obviously both the business are similar but not same.

Help appreciated.

dave

 

Yes, you may face legal action.

 

goodness! are u serious? I dont want to get into legal issues... Any solution? Should I just leave this domain and move on with a different name?

dave

 

The solution is to email abc and give them the name.

 

This is exactly what i have done now. I rather give the name to them before i start promoting it.

I dont want to get into any legal issues. whats does other people think out here?

Thanks
Dave

 

It depends on the domain name (is it very unique) and your usage of the domain. If the name is generic and the usage generic, or they are using the domain to sell phone cards, and you are using it to promote something entirely different, then it is unlikely they can do anything unless the name is very unique and they have broad market recognition.

Also, just because they registered the domain before you, it does not give them automatic rights to a name. It's possible the name was already in use before them and they don't have legal trademark rights to it.

This isn't a question that can be answered without knowing the actual domain name. The right way to handle this would be to contact an intellectual property rights attorney. If you don't want to spend any money, you could pm the domain name and I could give you an opinion.

 

Did you get any response from emailing them?

 

?? whats the hypo about? you have no problems here unless the domain is well-known international trademark, plus co.uk is no-how related to India

 

Hi Guys,

Thanks for your responses. I have decided to give away the domain to them or sell it here on DP. One of the main reason is because getting the names trademarked in India by companies i guess is not difficult. I m sure they must have already done it.

If you are interested in buying this .co.uk, please send me a PM.

dave

 

what's the name?? if you are selling

 

Probably not if they are in India. If you wanted the name still and if you were to trademark the name in the UK it would be fine, that would secure it.

Unless abc.com from India were doing business in the UK I cant see it as presenting an issue

 

If you are afraid, i can buy that domain from you

 

this hasnt got a problem at all, but without having a look at the domain cant tell exactly. let me know the domain to have a closer look

 

Hi guys!

I got a reply from the company and they are planning to to expand in the UK region soon. I have sent them an email asking them if they want to takeover the domain from me. Waiting for the reply now.

Thanks for all your comments and help!

dave