Stupid domain name!!!!!

Fri, 04/01/2008 - 13:16

#1

hm2k

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Joined: 04/01/2008

Firstly you must understand

Firstly you must understand that a (R) registered trademark is different to a trademark (TM) and you do not need to register a trademark to own the trademark.

Generally trademarks are per country, but they can span across the globe providing you can prove that you may potentially expand into those countries that are concerned.

The fact that the domains aren't in use, doesn't mean they aren't trademarked. Legally they could challenge you as they were first to use the mark. This is of course they have the financial backing, understand the law, and consider it a trademark.

The best advise I can give you is to consult a lawyer, try and avoid legal complications where possible.

For a bit more information read this article I wrote... http://www.hm2k.com/posts/uk-trademark-law

Fri, 04/01/2008 - 19:36

#2

LeonaJayne

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Joined: 03/01/2008

Thanks! I was aware that you

Thanks!
I was aware that you dont potentially have to register tm to own it, as its the same as copyright. Its not in use (from what i can tell) in any other country... i think im onto a winner!

Thu, 10/01/2008 - 12:08

#3

funkypuffin

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Joined: 05/11/2006

no such luck

It is unlikely you will be able to get these names.

Domains are done on a first come first served basis, and only if a user is deemed to be parsing off an existing trademark or obviously hijacking a name for the sole purpose of selling it to the registered owner (as happened in the harrods.com case) you will not win the case.

If a domain name has been registered before the date of your trademark you do not have the right to then go to the domain owner and say they have to hand it over. This has been well tried and tested with some high profile cases.

The best bet it to use a site such as snapnames or sedo to try and acquire the name for you. Most people will accept a few hundred pounds for a domain name if it's not generic. I just got a cracking name through sedo for £60.

www.funkypuffin.com

Fri, 11/01/2008 - 14:01

#4

Accenti

Offline

Joined: 15/12/2007

Getting your Domain Name - Good Advice

Hi Funky Puffin

Thanks for the advice here re snapnames and sedo

Excellent and useful to many people

The struggle to find a domain name was quite depressing and to read of someones direct experience in getting hold of one already registered will be helpful to many people.

Marek alias Accenti
Foxton Business Software Ltd

Mon, 21/01/2008 - 21:53

#5

LeonaJayne

Offline

Joined: 03/01/2008

Maybe so but...

If they dont have the trademark or if they arent (or anybody eles) trading under that name then its free for your use. Unless you plan to have the website. Then your best bet is to find a name that hasnt been used.

Fri, 10/09/2010 - 08:00

#6

wasai (not verified)

I'd like to make you forget

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