Trademark catches

[jonhaley]

Q: Has anyone had experience of catching names that are well established company names but also generic e.g. orange.co.uk, next.co.uk etc. Those companies will obviously have trademarks relating to their products but presumably not the exclusive right to the domain.

What would be the position if I managed to pick up a name like this? Presumably the company that drops it should not have a claim against me but others who want to pick it up might have.

Example:

If Atari cimputers dropped ataris.co.uk, and I picked it up, would the band The Ataris have more of a claim to it than me?

(this really is just an example as I own this domain. I do have a particular name in mind but don't want to say it here)

Thanks

 

[retired_member11]

'atari' has no meaning in English other than that given to it by the original coiner of the 'word' (computer people)...and then by copyists for other contexts (the band you mention). Is it an authentic Japanese word? It sounds Japanese, but I don't know.

Nevertheless, 'atari' isn't like 'orange' or 'next' which are common words in usage in the English language.

 

[jonhaley]

Ok, possibly a bad example, how about polo.co.uk. If Ralph Lauren dropped this would VW have a claim to it more than I would as a generic sport name?

 

[SF]

Ok, possibly a bad example, how about polo.co.uk. If Ralph Lauren dropped this would VW have a claim to it more than I would as a generic sport name?

Lets make it easier - you said as an example Ralph Lauren if you registered RalphLauren.co.uk then yes, they would have the rights over that domain name, I am unsure on Polo.co.uk as it could be classed as the well known sport "Polo" so therefore cannot be trademarked.

Am I right here guys?, I think each case is different and thats why we have the DRS

 

[olebean]

Equally if your name is Ralph Lauren or even your nick name is Ralph Lauren and you use the name for ligit reasons there is no problem....

 

[Edwin]

I would guess that if you got a real content site about polo (the sport) up on the domain within a few days of getting it, and maintained it, you'd be able to prove fair use.

 

[domaingenius]

This guys got plenty of experience (bad ones by sounds of it) ,lol;
http://www.theregister.co.uk/2006/02/20/dell_sues_dell_man/
Hmm, I would hate to think of every aggrieved TM holder acting like
Dell.

DG

 

[paul]

Sadly he was back in court shortly afterwards for selling BP sauce

Classic