Trademarks

Discussion in 'Legal Issues' started by Valley, Sep 19, 2007.

  1. #1
    Suppose I had a domain name which was trademarked in the UK as a co.uk
    Could the trademark owner just demand the domain name?
    Or would they have to buy it from me?
    the domain name is 4 and a half years old and I paid quite a lot for it six months ago.
    Now I own it they want it. It is a co.uk.

    I aso own the world domain name, .com
    Does a UK company have the right to demand this a s well for nothing from me?
    Fair enough if they buy it/
     
    Valley, Sep 19, 2007 IP
  2. maroon_cool

    maroon_cool Active Member

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    #2
    Same situation here.Could someone clarify this?Many Thanks
     
    maroon_cool, Sep 19, 2007 IP
  3. j13

    j13 Peon

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    #3
    depends firstly on the exact TM issues and secondly if you bought the name in bad faith (i.e. saw their TM and bought it to try and screw them over) The law is a bit vague but also its less strict in the UK than the US so its good that their TM is in the UK, PMed you both
     
    j13, Sep 19, 2007 IP
  4. Hopper

    Hopper Well-Known Member

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    #4
    Around 8 years ago, I bought a domain name, there was a company with a regisitered trademark by the same name BUT they were using a different domain name for their company.

    After around 12 months, I received a letter from the company asking for the domain or they would instigate legal proceedings if I didn't let them have it.

    I had set up a company and had a VAT number etc for this domain name. I refused and consulted legal advise.

    The advise was:

    Under no circumstances ask them for money for the domain - not even for your reg/purchase fees.

    Providing you are NOT trading in the same field as them or you are intending to, try and register the Trademark for the domain name, using the area you are trading in as the catagories for the trademark.

    I did this and they have never contacted me again.

    This is NOT CHEAP & get the best trademark lawyer you can afford.

    BUT DO NOT ASK FOR MONEY FROM THEM.

    Hope this helps.
     
    Hopper, Sep 19, 2007 IP
  5. Valley

    Valley Peon

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    #5
    I am basically an agent for
    Mein Host
    It is a car manufacturer
    They can shove the domain(s)
    I have asked them to donate to charity for it.
     
    Valley, Sep 19, 2007 IP