Copyright & Trademark Infringement: Domain Names

[Art_21_TM_act94]

“Groundless Threat Provision and Domain Names"

You may want to read: http://www.acorndomains.co.uk/domain-name-disputes/20741-human-right-criticism-trademark-tld.html

You may also want to look into Prince v. Prince Sports Group Inc.[1998].

 

[Beasty]

I think you need to take a look at the Trademark register. There are two entries for 'a quick sale' See here:

http://www.ipo.gov.uk/tm/t-find/t-f...assselected=99&crosssearch=Y&statusselected=A

I'm no trademark expert (perhaps Beasty can give some insight on this) but it may be significant that the original trademark application for the term 'A QUICK SALE' for a WO trademark was withdrawn and the only trademark registered under term 'A QUICK SALE' is for a DW trademark.

I have always thought that a WO trademark gives exclusive rights to a term wheras a DW trademark is for simply trademarking the term in the form of a logo or image. It would be very helpful if someone with a legal brain could clarify this situation. In any event I would strongly recommend that you take some legal advice on this before responding.

Thanks for the heads up Nigel. You are right to think that a word only is more clear cut that a device that includes a word - and also note with interest that the WO was withdrawn after Examination by the registry. I would say that, on first impression, the text in the mark seems pretty descriptive in the field of selling houses. That situation could (subject to proper analysis) leave a mark open to challenge if the owner starts trying to throw their weight around.

I would also add that Google picks up the threads on here quite quickly - so explicit mentions of domain names that may be involved in a dispute could end up being seen by the other party

 

[Nigel]

As always, thanks for your very helpful insight here Jim