Suspended due to Dissolved/Unknown

[Beasty]

DG

1. if a domain is property should there be a relationship between TM's and domains, baring in mind a domain can or cannot represent a trademark.

As an analogy: If I puchased land lets say 1000 acres that has an identical name as a TM, would I have purchased an infringement and should I give the land to the TM holder?

Depends if you plan to trade using the land's "name" - without trading (or at least a plan or threat to trade) you can not infringe. Also how it was sold to you under that name and how strong the mark is - there was a case involving the sale by Harrods of The Harrodian Club that became The Harrodian School. The school retained the right to use the name.

What might have happened under the DRS or in court to Harrodian.co.uk or HarrodianSchool.co.uk one can only guess....

 

[salem]

If you look on:

http://www.companieshouse.gov.uk/WebCHeck/fastrack/

04084589 D INNOCENCE LIMITED Dissolved

Therefore Nominet must have suspended the name when the company was dissolved.

Strange they didn't sell off the domain name before dissolving. I actually sold that domain name to them a few years back and they paid a fair amount for it.

 

[mishmash]

A domain I am watching is registered to a disolved UK company.

When/How does nominet notice that domain name registrants have ceased to exist?

 

[bb99]

When/How does nominet notice that domain name registrants have ceased to exist?

In most cases the domain will just drop as normal because it won't get renewed by the dissolved company. But sometimes Nominet are "informed" by concerned members of the public )) that this is the case and the domains are dropped earlier.

I believe there was a new process for Dissolved Company domains recommended by the PAB recently - if you search Nominet's website you should find it. I'm just off out so unfortunately I can't point you to it.

 

[retired_member11]

The situation was not ideal for them either - they lost in the DRS a few times, and had to disclaim some of the more difficult domains that they ended up with.

However, the legal situation was clear - that if the contract terminated when the registrant ceased to exist then there were no rights remaining to be passed to the TS. A domain name is not an item of property, after all.

Is a registered trademark considerd to be an item of property in law?

Perhaps it is beter to say that an English court hasn't yet ruled on whether a domain name is or isn't an item of property, and that until that precedent is set Nominet prefers to unilaterally declare that a domain isn't property.

Am I wrong?

 

[texidriver]

By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the following terms and conditions;...

http://www.nic.uk/registrants/legal/terms/

Nature of domain names and the register

10 A domain name is not an item of property and has no ‘owner’. It is an entry on our register database reflected by our nameservers which we provide as part of this contract. As a result:

10.1 we will not be bound by, or record on the register, any mortgage-related obligations;