Can This Be Stopped From Dropping

Aiden Roberts · Nov 4, 2011

Was watching rbk.co.uk which was mean't to drop on the 29/10 but it never did in fact it still shows as dropping on the 29/10 today? I know this is one of the biggest TM on the planet but can they stop it from dropping or is that the registrars decision. Obviously I don't want to buy it I just want too know how it all works?

Reading other posts it looks like the registrar or nom can prevent the drop; is that correct?

Thanks

Aiden

Edwin · Nov 4, 2011

TM for what?

Aiden Roberts · Nov 4, 2011

Reebok in all kinds of categories.

js1 · Nov 4, 2011

Aiden Roberts said:
Reebok in all kinds of categories.

@Aidan

It won’t drop, quite typical of this Registrar / Registrant, a member on here I believe and a nice fella

http://tinyurl.com/5w34f5v

http://www.acorndomains.co.uk/gener...nd-chc-dropcatcher-domains-held-dropping.html

Edwin · Nov 4, 2011

Interesting - never heard of that until now (of course I know "Reebok"!)

Aiden Roberts · Nov 5, 2011

Oh good I must have learned something then as I remembered to check the TM.

woopwoop · Nov 5, 2011

Reebok have a claim to rbk but they aren't the only ones.

The way I feel about TMs is that if you have to look in the tm db then it is probably a safe domain to own.

I have a friend who started a sandwich shop and sized his sandwiches as footlong. When I brought up subway's tm, he said that they only have it registered in the US - but if it's commonly used by them in they UK, he would still be infringing on their unregistered tm for which they have protection for.

This is because for it to be a tm it must be used in trade (regardless of whether it's registered or not). You have very strong trademarks that aren't registered (unregistered trademark protection) and you have very weak registsered trademarks that have lost registered trademark protection.

I'm not saying that Reebok have a weak tm in rbk, but remember they only have that protection in sports apparel. Rbk could be used in so many other areas.

Aiden Roberts · Nov 5, 2011

woopwoop said:
Reebok have a claim to rbk but they aren't the only ones.

The way I feel about TMs is that if you have to look in the tm db then it is probably a safe domain to own.

I have a friend who started a sandwich shop and sized his sandwiches as footlong. When I brought up subway's tm, he said that they only have it registered in the US - but if it's commonly used by them in they UK, he would still be infringing on their unregistered tm for which they have protection for.

This is because for it to be a tm it must be used in trade (regardless of whether it's registered or not). You have very strong trademarks that aren't registered (unregistered trademark protection) and you have very weak registsered trademarks that have lost registered trademark protection.

I'm not saying that Reebok have a weak tm in rbk, but remember they only have that protection in sports apparel. Rbk could be used in so many other areas.

I had a look at the TM and they seem to have a number of categories and obviously many sports related, as you say there are a number of other RBK marks which when all taken together limit the use considerably. I think it is sensible to stay away from TM's as it just isn't worth the potential hassle. If I had a definite buyer or brilliant idea for a site where only that name would do then maybe I would consider it but without those prerequisite's I just think it's better to leave them alone and move on to the next opportunity.

Regs

Aiden

woopwoop · Nov 5, 2011

I hear what you are saying. But for me there isn't a trademark in the world that would put me off buying (or going after) an LLL.co.uk

Mainly because the value and reason for buying has nothing to do with the trademark holder

Basically I don't believe that 3 letters can be locked up in a trademark. just like a dictionary word can't be locked up in a tm.

Aiden Roberts · Nov 5, 2011

woopwoop said:
I hear what you are saying. But for me there isn't a trademark in the world that would put me off buying (or going after) an LLL.co.uk

Mainly because the value and reason for buying has nothing to do with the trademark holder

Basically I don't believe that 3 letters can be locked up in a trademark. just like a dictionary word can't be locked up in a tm.

I can't disagree with you but I just wonder is it worth the distraction if they decide to challenge the name, I can see the potential benefit out weighing the potential loss.

If it drops and if I was to catch it then I would worry about it then or just add it to it's little .org.uk brother which is mine. It is just sitting there in Nom account whilst I figure out what I am going to do with it

Cheers

Aiden

Edwin · Nov 5, 2011

There are at least 16 UK companies that have "RBK" as a main part of their name, so it's not as if Reebok has a monopoly on those 3 letters, especially since they trade as "Reebok" not "RBK". It's not nearly as blatant as "IBM" would be for example (the latter I wouldn't touch with a 50-foot pole).

Aiden Roberts · Nov 5, 2011

Good point!

aZooZa · Nov 5, 2011

Jeez we have been down this road so many times. If you own rbk.co.uk and sell trainers then you're going to be in trouble. Look at the CLASSES of a TM. If you don't infringe upon them you'll be fine. If you want to discuss Reebok in the sense of a forum you'll be fine also, as long as you don't try and make money from the brand. To wit: http://www.paypalsucks.com

Aiden Roberts · Nov 6, 2011

aZooZa said:
Jeez we have been down this road so many times. If you own rbk.co.uk and sell trainers then you're going to be in trouble. Look at the CLASSES of a TM. If you don't infringe upon them you'll be fine. If you want to discuss Reebok in the sense of a forum you'll be fine also, as long as you don't try and make money from the brand. To wit: http://www.paypalsucks.com

Thanks aZooZa for the succinct clarification; it is much appreciated. It probably does come across as the same question is being asked over and over and I can understand your frustration answering it. In my defence the TM issue wasn't my original question rather it was about the name not dropping but then the thread just went that way.

What I would say though is that as a relative newbie on a limited budget it is easy to become paranoid about TM's especially when there are conflicting opinions on whether they are worth the hassle or not. I can see that as long as you do not infringe on the mark then you should be ok and I guess with the nature of a lll.co.uk it is easier to avoid the TM categories.

Thank you once again for reassuring myself and no doubt countless others on the practicalities of buying TM domain names.

Regards

Aiden

aZooZa · Nov 6, 2011

@ Aiden: Yes, I appreciate the thread changed focus. To answer your original question, there are many fundamentals as to why a domain in suspension hasn't dropped. In the case of rbk.co.uk, I would suggest you email [email protected] and enquire. Chris Holland (CHC) is no fool, but as you quite rightly point out, this domain should have dropped according to Nominet's rules. But rules don't always apply.

Aiden Roberts · Nov 6, 2011

aZooZa said:
@ Aiden: Yes, I appreciate the thread changed focus. To answer your original question, there are many fundamentals as to why a domain in suspension hasn't dropped. In the case of rbk.co.uk, I would suggest you email [email protected] uk and enquire. Chris Holland (CHC) is no fool, but as you quite rightly point out, this domain should have dropped according to Nominet's rules. But rules don't always apply.

Thanks aZooZa

Aiden