Possible legal action/drs advice needed, please

[Systreg]

Ok, I bought a dropped .co.uk domain for reg fee at the end of December, the person who dropped it has the same domain in the .com version.

I was doing some searching on my domain this evening to see where traffic was coming from, when I came across a forum where the previous owner of the domain had posted 12 days ago, asking for advice on how he can get back this .co.uk version that he dropped.

Basically, he said:

I have a company called xxxxx. I own xxxxx.com and used to own xxxxx.co.uk.

The .co.uk domain needed re-newing and in December I went to re-new it and now it's been taken.

xxxxx is my company name and the website is now using my name to sell bike products which looks like they're using some affiliate system.

The whois is just showing a name and no address.

Is there any way to get my domain back, would it be worth taking legal action if I can't get it back or would I just have no chance?

Any help on this would be apprieciated.

There were 2 replies which said:

When a domain name expires you normally have a redemption period during which the domain can be reregistered by your registrar. I believe this is either 30 or 45 days after the expiry date. However, if it was due in December you've missed the boat and lost it.

The only way to get the domain back is to ask the current owner and make them an offer.

Legal action is pointless, by not renewing in time you have effectively said that you no longer need the name.

You may be able to go through the Nominet complains/mediation procedure, if you believe that the domain registration is "abusive". However, going down that route will probably cost in the region of ~£1k for the mediation procedure - which may well be more than the chap wants for just selling the domain to you.

Read this Abuse

As far as I'm concerned, it's his fault that he dropped the domain, he had plenty of opportunity to renew it, but didn't, if he wanted to protect his business or name, he would not have let the domain drop in the first place.

Wondering what my options are now, anything to worry about? I was thinking, maybe I could take the domain off myaffsite and put up a single page with DOMAIN FOR SALE and my email address, hopefully he'll see that, contact me and make me an offer for it, your thoughts?

Cheers.

 

[GreyWing]

Flip a coin mate with regards the drs....

I'd drop the affiliate site though and put a contact form up, if you want to sell it seems the quickest and best solution.

Is the .com anything to do with bikes?

 

[Systreg]

Is the .com anything to do with bikes?

Yes, it's a small bike site, only has 4 actual whole bikes for sale on there, the rest is bike bits and parts.

If I could sell it that would be ideal, getting some cash together to go towards my new bike would be good.

[edit]

Just to add, there are no trademark issues with the domain name that I aware of.

 

[crabfoot]

My idea - you bought the name in good faith, and bikes are your current area of interest. If it is making money, keep things exactly as they are.

For him to look at the domain he dropped is to rub salt in his own wounds. It is unlikely he would spot the notice.

You feel sorry for him, and want to do the decent thing. That is commendable. But you acted in good faith when you caught the name, and you got something worth having. You put effort into your selection, and expected to be able to make money on that domain for as long as you renewed it. You put effort into monetising the domain. You deserve some reward for the income you would have if you didn't give it back.

Approach the man through the forum he posted in, and offer to sell him the name back for, say, twice what it cost you to get it, and 18 months or two years earnings, based on what it is making for you now.

Unless he trademarked his name, he really does not have much legal recourse - and if he did have a trademark, it would cost a lot in legal fees. Far easier for him to deal with a willing seller.

We all want to be nice - but this is business.

 

[Systreg]

Ok, I have taken it off the affiliate site for now, although I may put it back on there as I feel I have nothing to worry about, the text on my single page now will say:

This domain has been acquired for further use. For more information contact:

[email protected]

 

[GreyWing]

I wouldn't even put that mate, I would just put something like "This name has been aquired for further use. For more information contact XXXXXX"

Sounds pretty neutral to me and would be better in any DRS.

 

[Gary Ogden]

Hi

That (in my opinion) is the best thing to do.

Ok, I have taken it off the affiliate site for now, although I may put it back on there as I feel I have nothing to worry about, the text on my single page now will say:

 

[Admin]

Offering it for sale will not go in your favour if it goes to DRS as it suggests you registered it just to hold it for randsom.

Putting:

"This name has been aquired for further use. For more information contact XXXXXX"

is much better.

 

[Systreg]

Hi, advice taken on board and page text changed to:

This domain has been acquired for further use. For more information contact:

[email protected]

 

[julian]

stop flapping and just carry on as you are with the bike site

 

[dashu1]

How generic is the term?

If it's bike seats or something similar I don't think he has a cat in hells chance.

 

[retired_member32]

if he has a trademark against the name then remove the site ,otherwise leave it up why should you lose money because he couldn't be ar*ed to renew it,if it is a generic term then happy days.

he who dares wins

mark

 

[Systreg]

Hi,

Both words in the name are pretty generic, it's the bike one in my post here on Admins dropped domains topic:

http://www.acorndomains.co.uk/uk-expired-domain-names-drop-lists/45384-todays-drops.html#post161214

No other domains are taken for it apart from his .com and my .co.uk, I can't find any trademark that he has for that name, only that the name is listed as a LTD company at Companies House.

 

[dashu1]

It doesn't matter even if he has got a trademark unless you are "trading off" his businesses reputation or name.

I once had problems with a well known person, but fortunately have a friend who is a barrister & an expert in copyright & trademarks etc.

As he explained it to me (in laymans terms of course), if you went into the street handing out a leaflet that said get 50% off at McDonalds, & the leaflet had a map on it, which when you followed brought you to a KFC rather than a McDonalds, even that would not be a breach of trademark, since when the people get there they can clearly see that it isn't a McD's & they then have a choice of whether to buy or not.

It would only be a problem if they got there & there was say a McDougals with a golden arches logo & selling burgers.

I'm not convinced that you have anything to worry about re infringing on trademarks or trading off, but I guess dealing with nominet would make all of that irrelevant anyway.