So, I've just been sued in England: -in court that my domain name is a violation of another company's trademark -under the Nominet dispute resolution procedure that my domain name is an abusive registration. I don't live in England so I'm wondering: -can someone recommend an English solicitor who has experience with this? -is England the proper jurisdiction even though I don't live there (it's a .uk name) -how similar is English & US trademark law (most of what I read seems to be American). Also, I'm willing to put a disclaimer on my site that I have nothing to do with the company that's suing me. Is that a good move or an admission of liability?
OLD, send me some details (PM), and I will get my friend to take a look, he works in the Patent and trade marks office and is a trademark lawyer here in the UK.
The first thing is that if you are violating another companies trademark then you will lose - so do not pay for a solicitor but talk to the company you have violated and reach a reasonable agreement as to how you pull out of the site and move to a new one without losing all your business. We had a similar problem and it was resolved at no cash cost and very small loss of revenue (a lot less than losing a court case!). Secondly try this site for information: patent.gov.uk/tm/index.htm
on the site Grahampen mentioned, you can search for the TM and see what class it's registered as and when it was registered (your site might predate it). An explanation of each class is in the application PDF, if I remember correctly. As you own a .uk that's in dispute it will go through Nominet, so the jurisdiction is correct.
Sending a case through nominet costs around £1000. Maybe you would accept a cash settlement from them?
Thanks for everyone's prompt reply!! OWG - PM sent. Grahampen - I guess it's not so clear to me that I'm violating their trademark. Yes, I'd like to avoid court too. Thanks for the link - that's exactly the type of info I was looking for. Ryan UK - Thanks, the search is helpful. mad4 - Yes, that would be the ideal outcome. But I do need to know how strong their case is or whether the whole thing is a bluff / bullying tactic. I'd still appreciate any referrals of solicitors...
Just to clarify - it seems that this isn't actually a trademark case, that's just how I originally understood the legal papers. They're saying that the use of my domain name constitutes a false representation to members of the public that I'm associated with them. Passing off. Erosion of their goodwill. Domain name is an instrument of fraud. Etc.
I don't know if you've already checked, but companies house might give you a bit more information on the company's history, if it's registered. Just search for the company name. Normally there will be a list of companies that have similar names as well as the actual company. Please note though that the address will sometimes be that of an accountant's. However, the other information (such as dates) should relate to that company. Good luck!