Not Doing My Homework :-(

[anthony]

Have you actually paid for it yet? If not, then there is no consideration, so no contract.

 

[cloud]

You can't stop someone using the word 'insure' for insurance. Also, the owner could create anything on the domain insure.uk. Also a quick search for 'insure' on Google and you'll realise it's a common phrase for insurance used by many others with 'insure' in their their domains and trade names. Hastings didn't register the domain, they have ditched the name in favour of Hastings.... Probably because they can't protect 'Insure' it as it isn't distinctive.

Insure isn't trademarked and cannot be trademarked for insurance.

The only way they're going to lose that domain is if they can prove that they were targeting insure ltd in the registration, which they would really struggle.

 

[PhilGreg]

Have you actually paid for it yet? If not, then there is no consideration, so no contract.

Hi, I'm not 100% sure what you mean exactly. I've not paid yet but I will do, it's my mistake. I'm not trying to avoid paying, just disappointed that I can't really use it for what I originally wanted without a shed load of headaches ( that I don't want ).

 

[newguy]

It seems like such a tricky area. When something is so generic sounding you'd 'think' i'd be obvious you'd be allowed to use it, but who knows.

 

[Alien]

I mean what else could one really use thecloud.uk for?

Weather forecast.

 

[newguy]

Weather forecast.

Whoopee cushions

 

[lazarus]

TheCloud Sounds very generic to me!

BTW you can not trademark the word insure...

I hearby trademark the word Car

 

[PhilGreg]

Weather forecast.

I already got that base covered with TheWeather.co.uk. As for TheCloud, it's a grey area at the moment regarding whether my intended project would infringe their trademark, it's not clear. But I'll keep you all posted as to any developments or lightning strikes

 

[RobM]

vaping and ecigs

 

[PhilGreg]

vaping and ecigs

Brilliant! I not thought of that one. I had tunnel vision on hosting. That's a nice niche. Many Thanks Rob. Now that Boris is in No.10 we might see the UK follow the same path as the US and start to legalise weed, that would add another possibility into the pot

 

[Alien]

Cloud comparison (the computing type, not fluffy type).

 

[Alien]

Cafe in the cloud anyone? https://order.cafeinthecloud.co.uk/

 

[newguy]

I already got that base covered with TheWeather.co.uk. As for TheCloud, it's a grey area at the moment regarding whether my intended project would infringe their trademark, it's not clear. But I'll keep you all posted as to any developments or lightning strikes

It's not usual for the cloud to be a grey area!

All joking aside, I think you should be okay, being that it's so generic, but I guess it could be one of those 'it's okay until it isn't' situations! It's easy to overlook these things at times, so the thread at least is a timely reminder not to overlook this aspect

 

[dee]

Flight comparison

 

[cloud]

You're all searching the wrong database anyways, WIPO is your friend

https://www.wipo.int/branddb/en/

This view is quite favourable to the insure.uk domain owner. Ignoring the fact that most of the marks in that list are inactive (aka expired), the name 'insure' is not used by just one company, but many individuals and companies use it in their names and trademarks.

The name 'insure' doesn't make me think instantly of INSURE LTD/Hasting Direct Group of Companies, this is a sign in itself. Also Googling it brings up lots of different companies. Even Hasting's own trademark is only a figurative mark, which means it protects the design as entered into the register, not the word INSURE itself.

Also you'll find that marks in the trademark databases that contain INSURE for goods or services relating to 'insurance' have to explicitly have a disclaimer that says that the word INSURE is not protected. EG for this trademark for WE INSURE (link):

Image is tiny, but it says "
DISCLAIMER REQUIRED

Applicant must disclaim the wording “INSURE” because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s services, and thus is an unregistrable component of the mark."

 

[lazarus]

Its just too generic. The only DRS case I know of, which in my opinion was the wrong decision was game.co.uk. But I doubt that outcome would happen today with good defence.


The above is more likely to result in a reverse hijacking outcome.

 

[lazarus]

Some of you people are stupid

Nice!

 

[martin-s]

You're not "passing off" just because you have a similar name and operate in the same industry. If your branding is different and you're not trying to confuse people into thinking you are the other company in order to win your business, you're good.

That's not to say that the company with the similar name won't have deep pockets and a legal team that delight in the idea of making your life difficult.

 

[deluxedomains]

Good luck competing against a LTD company called Insure which has been trading 10 years plus. Some of you people are stupid

Lots of good intelligent people on here....this forum is like life ...everyone has a different point of view...lets all try to get along

 

[cloud]

Bollocks - your talking rubbish

Which bit?