Re: UKNM: Domain Names

[Mark Bunting]

Hi David


Your clients are stupid. They have no rights to the

domains and whether they did it in good faith or not,

they're basically using another company's trademark to

drive traffic to their own site and risk be sued

accordingly.


The recent precedents suggest that if it went to court

your clients would be ordered to transfer ownership of

the domain to the trademark owner, and as far as I

know have no right to claim any payment at cost or

otherwise. However trademark owners usually offer to

reimburse the cost of registering the domain name (at

cost) in the interests of reaching a settlement ie to

avoid them having to issue proceedings.


If your clients refuse to transfer and the trade mark

owner goes to court, then the chances are that your

clients will be ordered to pay legal costs as well as

any damages awarded.


Sorry! If only clients listened, eh...


Mark 



--- David Simpson <

david [dot] simpsonpool [dot] net

> wrote:

> Hi

> 

> Just had a phone call from a very worried client. 

> They have registered a

> number of domain names (20+) some of which are

> registered trade names, the

> domains all point to a not-for-profit information

> site.  Recently the trade

> mark owner has contacted our client to say they had

> no right to register the

> domains and to insist that they be 'deregistered'.

> 

> My understanding was that anyone can register a

> domain, in some cases they

> can be subsequently forced to sell the domain on to

> a 'rightful owner' for

> cost + admin.  Is this correct ?  Is there even such

> a thing as

> 'deregister'?

> 

> For the record : I did advise the client not to do

> this but they chose to

> ignore this advice (they paid for the advice - I

> guess they can choose

> whether or not to take heed of it!).  I believe they

> did it in good faith

> though (as if it matters).

> 

> Thanks

> 

> David

> ______________________________

> David Simpson

> Pool.Net

> www.pool.net

> ______________________________

=====

Mark Bunting:

mark [dot] buntinginfonic [dot] com

INFONIC Online Communications Management

Tel +44 (20) 7490 8844

http://www.infonic.com

=====


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