Can we challenge domain name ownership?
Discussion
Hi. As part of our business we have a brand name that we have traded by for over 25 years. We are not a limited company so it's not registered at companies house, there is no copy right on it, nor is it registered as a trade mark. Not great I know.
Our current domain name is brandname-quote.co.uk. It's a crap domain name and the site isn't great plus isn't ranked highly at all by Google. It's dead in the water.
I want to redevelop the website and use the domain brandname.co.uk. However it's owned by someone else although does not appear to be used. I can locate the address where it is registered, but it's shared by multiple businesses so no specific contact.
As the domain isn't being used, is there any way I can challenge ownership of it?
Cheers
Our current domain name is brandname-quote.co.uk. It's a crap domain name and the site isn't great plus isn't ranked highly at all by Google. It's dead in the water.
I want to redevelop the website and use the domain brandname.co.uk. However it's owned by someone else although does not appear to be used. I can locate the address where it is registered, but it's shared by multiple businesses so no specific contact.
As the domain isn't being used, is there any way I can challenge ownership of it?
Cheers
Nominet DRS might apply : http://www.nominet.org.uk/disputes/when-use-drs
But if the current registrant isnt's (ab)using the domain, you may just have to suck it up and buy it from them.
But if the current registrant isnt's (ab)using the domain, you may just have to suck it up and buy it from them.
gregf40 said:
Why not email them and ask if they will sell it - they may be happy to let it go for a couple of hundred quid?
If I could contact them I would. But the only details I can find are a general office building address (e.g. Alpha House, Beta Street, Town, City, Postcode) which from the google search I did has at least 4 businesses located at it. That was using domaincheck.com. Is there another way of getting at this information?
warp9 said:
If I could contact them I would. But the only details I can find are a general office building address (e.g. Alpha House, Beta Street, Town, City, Postcode) which from the google search I did has at least 4 businesses located at it. That was using domaincheck.com. Is there another way of getting at this information?
Try info@ admin@ contact@ help@ then the domain name.Worth a shot.
Simpo Two said:
It's guaranteed to fool most people; they will add a .co thinking it's a typo.
I agree, and it's why I said "even if you don't want to immediately use it.". But, if they do become more commonplace it's probably worth having, for the sake of £4.99/year, not to be in the same position again a few years down the line. You should apply to register the trade mark "Trade Sure" or "tradesure" (or however you use it) to cover the class of goods or services in which you operate.
Bear in mind that there is already a UK registered trade mark for "TRADESURE" in Class 36 (Insurance services) http://www.ipo.gov.uk/tmcase/Results/1/UK000015523...
If you are in insurance, or something closely related, that could be a problem. If not, hopefully you can get registration. Your 25 years of use will be helpful in that regard, especially if you have estabilished a reputation in the marketplace.
Bear in mind that there is already a UK registered trade mark for "TRADESURE" in Class 36 (Insurance services) http://www.ipo.gov.uk/tmcase/Results/1/UK000015523...
If you are in insurance, or something closely related, that could be a problem. If not, hopefully you can get registration. Your 25 years of use will be helpful in that regard, especially if you have estabilished a reputation in the marketplace.
Katzenjammer said:
You should apply to register the trade mark "Trade Sure" or "tradesure" (or however you use it) to cover the class of goods or services in which you operate.
Bear in mind that there is already a UK registered trade mark for "TRADESURE" in Class 36 (Insurance services) http://www.ipo.gov.uk/tmcase/Results/1/UK000015523...
If you are in insurance, or something closely related, that could be a problem. If not, hopefully you can get registration. Your 25 years of use will be helpful in that regard, especially if you have estabilished a reputation in the marketplace.
That won't help with obtaining the domain though.Bear in mind that there is already a UK registered trade mark for "TRADESURE" in Class 36 (Insurance services) http://www.ipo.gov.uk/tmcase/Results/1/UK000015523...
If you are in insurance, or something closely related, that could be a problem. If not, hopefully you can get registration. Your 25 years of use will be helpful in that regard, especially if you have estabilished a reputation in the marketplace.
It is called domain squatting and in some circumstances Nominet will transfer control of the domain via the Uniform Domain Name Dispute Resolution Policy which they must operate as a condition of their ICANN membership. In practice it is a protracted and expensive process that requires the possession of a registered trade mark or Limited company in order to stand a real chance of success.
It will almost certainly prove cheaper to 'buy' it from the squatter, though like all domain this is really the right to use the domain and not real ownership.
The whois address has been verified by Nominet, so you coul try that route.
If you succeed you should probably think about creating a registered mark and/or limited company simply as a defensive measure.
LooneyTunes said:
Katzenjammer said:
You should apply to register the trade mark "Trade Sure" or "tradesure" (or however you use it) to cover the class of goods or services in which you operate.
Bear in mind that there is already a UK registered trade mark for "TRADESURE" in Class 36 (Insurance services) http://www.ipo.gov.uk/tmcase/Results/1/UK000015523...
If you are in insurance, or something closely related, that could be a problem. If not, hopefully you can get registration. Your 25 years of use will be helpful in that regard, especially if you have estabilished a reputation in the marketplace.
That won't help with obtaining the domain though.Bear in mind that there is already a UK registered trade mark for "TRADESURE" in Class 36 (Insurance services) http://www.ipo.gov.uk/tmcase/Results/1/UK000015523...
If you are in insurance, or something closely related, that could be a problem. If not, hopefully you can get registration. Your 25 years of use will be helpful in that regard, especially if you have estabilished a reputation in the marketplace.
I'm a patent and trade mark attorney and this is my advice.
bishbash said:
tradesure.uk is available if that's any good to you. At £4.99 from godaddy it's probably worth it even if you don't want to immediately use it.
Not quite - The existing co.uk holder has first dibs on the .uk for the next 5 years.http://www.dotuklaunch.uk/im-existing-customer
Katzenjammer said:
If the other party is a squatter, having a registered trade mark always helps in dispute resolution, for example under the UDRP Administrative Procedure. In addition, it will prevent a squatter also registering the trade name.
I'm a patent and trade mark attorney and this is my advice.
I'd buy into that if the domain was, as yet, unregistered or was registered after a trademark was applied for.I'm a patent and trade mark attorney and this is my advice.
Appreciate your response was brief, but there are ways in which a squatter could also obtain a trademark even if the OP went down this route (e.g. different class, jurisdiction, etc).
Importantly though, the OP having a trademark wouldn't necessarily see them clear the "bad faith" hurdle of UDRP.
bishbash said:
tradesure.uk is available if that's any good to you. At £4.99 from godaddy it's probably worth it even if you don't want to immediately use it.
No it's not as some f
ker purchased it at 11.18 this morning. Pathetic, parasitic, vermin, scum. Lesson learned there. So given that and to save dealing with all the issues and complications everyone has kindly highlighted in this thread, I have purchased brandnameinsurance.co.uk, .uk and .com. TBH this actually serves our purposes better, albeit it is a bit longer.Anyway, rant over (4/10). Many thanks to everyone that has contributed. I need to pursue the trade name part of things next. Cheers for now.
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