Domain Names / Trade Marks Help please
Discussion
I am looking to start a web based business but have a slight problem. I have registered the .co.uk domain that I want (&need) but some chap in the USA has the .com domain. His business could be similar to mine, although I will only ever be targeting UK customers. His site is also very small and poor. I am not bothered about the lack of a .com name but am concerned that he could stop me trading in some way. There is no trade mark on the name at present & that is something that I would want to protect.
Has anyone got any experience in this field? Any help much appreciated
Cheers
Simon
Has anyone got any experience in this field? Any help much appreciated
Cheers
Simon
A completely different company to mine owns and uses the .com variant of my domain name.
As far as I am aware neither of you have a legal right to impose on eachother unless it is the case that the domain name has been bought to specifically stop you from using it or in effect blackmail you into buying it which can be appealed against.
It sounds though that the other site is in use.
In my case the .com site is in a completely different field, so I am not too fussed, and there has never been a crossover.
I would say that this would also be the case in your situation. Get your site 'up there' in the top of the google searches and advertise your .co.uk domain and I dont think you will have a problem.
My situation is slightly more difficult as although I am a limited company, there is a 'trading as' sole trader who has been using the same name in the same field and has snaffled up the .co.uk domain, leaving me with the .net
If someone has a solution for that situation, then I would be glad to hear it!
As far as I am aware neither of you have a legal right to impose on eachother unless it is the case that the domain name has been bought to specifically stop you from using it or in effect blackmail you into buying it which can be appealed against.
It sounds though that the other site is in use.
In my case the .com site is in a completely different field, so I am not too fussed, and there has never been a crossover.
I would say that this would also be the case in your situation. Get your site 'up there' in the top of the google searches and advertise your .co.uk domain and I dont think you will have a problem.
My situation is slightly more difficult as although I am a limited company, there is a 'trading as' sole trader who has been using the same name in the same field and has snaffled up the .co.uk domain, leaving me with the .net
If someone has a solution for that situation, then I would be glad to hear it!
James - I can't tell him to xxxx off as he has had his site for 8 years & I'm about to produce mine. He is purely a US based site. I'm just worried that I'll spend loads on promotion etc & then get shut down as he has been using the .com for years. I guess that if he had been bothered he would have bought .co.uk years ago !!
simon67 said:
James - I can't tell him to xxxx off as he has had his site for 8 years & I'm about to produce mine. He is purely a US based site. I'm just worried that I'll spend loads on promotion etc & then get shut down as he has been using the .com for years. I guess that if he had been bothered he would have bought .co.uk years ago !!
I dont think you have much to worry about unless the chap in question holds an international trade mark for his trading name/product name and it is directly reflected in your URL. Even then Trade Marking laws are notoriously difficult to enforce, even nationally.
simon67 said:
James - I can't tell him to xxxx off as he has had his site for 8 years & I'm about to produce mine. He is purely a US based site. I'm just worried that I'll spend loads on promotion etc & then get shut down as he has been using the .com for years. I guess that if he had been bothered he would have bought .co.uk years ago !!
Errr, Simon yes you can tell hin to **** off. He has a bee in his bonnet about you using the same name, you are using the co.uk in a proper fashion IE you are a UK based enterprise. So stand up and be counted explain the situation, state its non negotiable. He can't do anything about it and if he gets all arsy either stand your ground (see my first post) or cave in its up to you.
jamesuk28 said:
Errr, Simon yes you can tell hin to **** off. He has a bee in his bonnet about you using the same name, you are using the co.uk in a proper fashion IE you are a UK based enterprise. So stand up and be counted explain the situation, state its non negotiable. He can't do anything about it and if he gets all arsy either stand your ground (see my first post) or cave in its up to you.
Think you might have misread the OP. The US chap hasn't contacted him yet, the OP is just concerned in case he ever does.
Personally, I think it is extremely unlikely that he ever will. What about all the other TLDs in use throughout the world; he isn't likely to go after every person who has registered a dn the same as his. And even if he did object, there isn't an awful lot he can do if you're not trying to pass your business off as his. I wouldn't worry about it.
UK domain names 'belong' to the ltd company of the same name to a certain extent, but having been caught out recently in a similar situation by a large US company, make sure you register the name as a trademark in the UK or else the US company might come along and do just that, meaning they can then sue you for abuse of their trademark and make you give up the domain name, or even change your company name! (I kid you not, the law is an ass in this country but thankully all now peacefully resolved).
C
C
Thanks for the advice guys. You have put my mind at rest quite a bit. The name isn't currently trademarked so that's something for me to get on with.
Do you think that a UK based site would suffer through not having the .com site? I guess that quite a few people would visit .com by mistake
Cheers
Simon
Do you think that a UK based site would suffer through not having the .com site? I guess that quite a few people would visit .com by mistake
Cheers
Simon
If the company is UK-based, and selling primarily or exclusively to UK customers, then, IMHO, a .com isn't necessary or even suitable. Fred's Bathrooms Ltd, selling out of a showroom in downtown Backoyonder, should have their website at fredsbathrooms.co.uk. They may purchase other TLD/ccTLD variations, but they should all point to the .co.uk site, which should be the one promoted.
A .com is suitable if you are trading internationally, but even then I'm not convinced it's the best option for a UK company.
A .com is suitable if you are trading internationally, but even then I'm not convinced it's the best option for a UK company.
hughjayteens said:
...UK domain names 'belong' to the ltd company of the same name to a certain extent...
Are you *sure* about this bit?
What I have seen contradicts that, as I own a Ltd company and I am relegated to the .net suffix as the .co.uk is owned by a 'trading as' company.
I would be very interested in seeing evidence if that is the case!
This whole area is obviously becoming an issue for many businesses.
From what I can see, there are no statutory rules and regulations which allow a single entity sole useage of a domain name. The same applies to tade names. If an individual or business wants to ensure sole rights on a trade or domain name, it has to fend off other individuals trying to use the same or similar names on a case by base basis.
With domain names, this is more difficult because of the internationmal aspect of the World Wide Web.
Limited company names ARE covered by statutory law (such as the UK Companies Act) but restrictions will only apply to individual countries. There is nothing to stop two comapnies calling themselves XYZ Ltd provided they are not both registered in the UK.
From what I can see, there are no statutory rules and regulations which allow a single entity sole useage of a domain name. The same applies to tade names. If an individual or business wants to ensure sole rights on a trade or domain name, it has to fend off other individuals trying to use the same or similar names on a case by base basis.
With domain names, this is more difficult because of the internationmal aspect of the World Wide Web.
Limited company names ARE covered by statutory law (such as the UK Companies Act) but restrictions will only apply to individual countries. There is nothing to stop two comapnies calling themselves XYZ Ltd provided they are not both registered in the UK.
Simon
If the US company carries on no business in the UK then it is very unlikely that it has any rights in the name in the UK. However, if it has a thriving customer base in the UK who all know the name and associate it with that company then he could potentially cause you problems under passing off.
If you register the trade mark in the UK (and it is actally a registerable trade mark - see www.ipo.gov.uk for information) it will certianly avoid a costly battle over the name should the US company branch out and try to start trading the the UK - your UK registered rights would pre-date theirs, you would have been trading, and building a reputation, in the UK and so would be in a much stronger position than them.
You say that the US site is small and quite poor, it would therefore seem unlikely that this is a serious multinational venture so it is unlikly that they would have any rights in the UK.
Hope that helps.
Alex
If the US company carries on no business in the UK then it is very unlikely that it has any rights in the name in the UK. However, if it has a thriving customer base in the UK who all know the name and associate it with that company then he could potentially cause you problems under passing off.
If you register the trade mark in the UK (and it is actally a registerable trade mark - see www.ipo.gov.uk for information) it will certianly avoid a costly battle over the name should the US company branch out and try to start trading the the UK - your UK registered rights would pre-date theirs, you would have been trading, and building a reputation, in the UK and so would be in a much stronger position than them.
You say that the US site is small and quite poor, it would therefore seem unlikely that this is a serious multinational venture so it is unlikly that they would have any rights in the UK.
Hope that helps.
Alex
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