Be carefull of Barclays bank and Loeb and Co

[spanno]

I registerred a domain "ishares.co.uk" in good faith as a shares domain in fact along with itip.co.uk and a few others and Barclays got a TM on this thing they call an "ishare" and started getting legal with me acccusing me of cyber squatting etc etc.. I mean I dunno about anyone else but I never heard of a barclays ishare?

Anyways I couldn't be botherred with it so I said ok I will give it to give me £500 for the hassle

so that went thru it was transferred (after having to hold their hands and walk the law firm thru the transfer process) and then well they never paid me

The solicitor is Melanie Lerch at Loeb and Co I would not trust these people or Barclays in any domain dispute if you are thinking of settling

 

[retired_member11]

I registerred a domain "ishares.co.uk" in good faith as a shares domain in fact along with itip.co.uk and a few others and Barclays got a TM on this thing they call an "ishare" and started getting legal with me acccusing me of cyber squatting etc etc.. I mean I dunno about anyone else but I never heard of a barclays ishare?

Anyways I couldn't be botherred with it so I said ok I will give it to give me £500 for the hassle

so that went thru it was transferred (after having to hold their hands and walk the law firm thru the transfer process) and then well they never paid me

The solicitor is Melanie Lerch at Loeb and Co I would not trust these people or Barclays in any domain dispute if you are thinking of settling

Charge them a percentage for every day the money remainds unpaid, going through the small claims court for an order.

 

[Jeewhizz]

Yup, I would write to them ,and let them know that you will be charging them 8 percentage points above the base rate as interest for late payments.

http://www.payontime.co.uk/legislation/legislation_main.html

Is a very useful site when it comes to b2b debt.

 

[domaingenius]

I registerred a domain "ishares.co.uk" in good faith as a shares domain in fact along with itip.co.uk and a few others and Barclays got a TM on this thing they call an "ishare" and started getting legal with me acccusing me of cyber squatting etc etc.. I mean I dunno about anyone else but I never heard of a barclays ishare?

Anyways I couldn't be botherred with it so I said ok I will give it to give me £500 for the hassle

so that went thru it was transferred (after having to hold their hands and walk the law firm thru the transfer process) and then well they never paid me

The solicitor is Melanie Lerch at Loeb and Co I would not trust these people or Barclays in any domain dispute if you are thinking of settling

If you want help collecting the debt then please let me know by PM and I will collect it for you for £100 fee. I have lot of experience of such matters,unfortunately.

DG

 

[Beasty]

You may well also want to take a look at this:

http://www.arbforum.com/domains/decisions/196046.htm

 

[bluerock]

If you have the original emails/letters etc then DRS them for breach of contract. The first stage of a drs is free

 

[retired_member26]

They are very mean that they even do not pay GBP500. What a disgrace!

TurNIC

 

[SF]

Yep True Turnic - £500.00 was a very fair price indeed.

I would like to hear what Nominet say about a possible claw back, as Bluerock stated they have not kept to there side of the offer/deal.

Nominet should really make an example of this, and return the name back!

 

[sneezycheese]

Have you got written proof that it was agreed that they would pay you £500?

If so, then issue B.B. with a final demand giving them 14 days to pay, telling them that you will take the matter to the small claims court if the amount goes unpaid.

If after 14 days you've not been paid visit; https://www.moneyclaim.gov.uk/csmco2/index.jsp , fill in all the relevant bits and away you go.

You’ll be sent all the relevant paperwork to fill in by the court at various stages, which are quite straightforward for small claims.

Then 'hopefully' they'll pay up, if not it's of down to the county court.

PS: I’d forget going to Nominet and its DRS in this case.

All this advice is IMHO only and shouldn’t be taken as gospel.

 

[Ellis]

.............................edited

 

[grandin]

Pay up

Tell them to pay up and give them a link to this thread. I deal is a deal....I am sure they will pay

The trade mark is very clever.....unique and descriptive of the class of goods. Could be argued that putting an i in front of a word is no longer unique.....maybe more generic given the onset of the web revolution.

Descriptive of the class of goods....no so descriptive given the word share could mean sharing information.....could have a forum named ishares but i suppose the more appropriate would be ishare....the plural may only mean shares as in stockmarket shares....the fact that binatone applied for a trade mark in the non plural could presume many uses....implying not belonging to anyone specific.

I can't see how they could force your hand on the back of this registration unless you 'passed off'

 

[domaingenius]

Tell them to pay up and give them a link to this thread. I deal is a deal....I am sure they will pay

The trade mark is very clever.....unique and descriptive of the class of goods. Could be argued that putting an i in front of a word is no longer unique.....maybe more generic given the onset of the web revolution.

Descriptive of the class of goods....no so descriptive given the word share could mean sharing information.....could have a forum named ishares but i suppose the more appropriate would be ishare....the plural may only mean shares as in stockmarket shares....the fact that binatone applied for a trade mark in the non plural could presume many uses....implying not belonging to anyone specific.

I can't see how they could force your hand on the back of this registration unless you 'passed off'

OK here is information on dates of the TM Barclays have ,which is only Class 36;
Filing date: 24.08.1999
Publication date: 06.03.2000
Registration date: 11.10.2000

The domain name ishares.co.uk was regged on
Registered on: 01-Sep-1999

Hmm, inside info OR ??. They file on 24th August you reg name on 1st Sept.
Maybe Barclays had used the name before applying for TM ?.

I would guess the latter perhaps. I would say that Barclays have scared you into selling, when in actuality you could have held on to it without breaching their TM. In DRS maybe you would have had to explain how you thought of name "ishares" especially if Barclays had been using it publicly before Sept 1999 ?.

DG

 

[A-Wing]

The trade mark is very clever.....unique and descriptive of the class of goods. Could be argued that putting an i in front of a word is no longer unique.....maybe more generic given the onset of the web revolution.

Reminds me of many moons ago when Intel tried to trademark the letter i for its i386/i387 and i486 CPUs. If I remember rightly that is why the i586 was renamed Pentium. But this was a long time ago now.

 

[grandin]

Trade Marks

Remember it is NOT unlawful to register a Trade Mark in the same text as an existing trade mark as long as you do not decide to infringe by selling in the same class or classes (there are also overlap classess that you also cant sell in).

Fundamentally Trade Mark law does not mix very well with domain name ownership and as such you must apply common sense.......if you try to take advantage of someonelses right then you deserve to be penalised........Trade Mark rights are changing and will change more so over time...............if you are first to a domain name then you have gained the right to derive the benefit of its use....like a bus station people pass through it....noone can stop people passing through it but you must not advertise your bus station as a railway station cause you do not own a railway station....you are a liar if you do so.

If the law wanted people to invent words and then keep those words to themselves then the Patent office would reflect this by NOT issuing Trade Marks in classes...........don't be bullied but don't be deceitful

Lee