Trademark infringement avoidance

[cockneyminty]

Hi All,

Great site, found very useful whilst doing the 1.00am info trawl.

Am new to forum and domaining, looking to register some names and build out sites for general hobby, commercial and eventually resale interest. Trying to do lots of research prior to taking first step - one question hoping can get some views on relates to trademark infringement risk. Have read up on this and tried the USPTO search but apart from hiring professional search firm wondered what general advice would be. How much of a potential problem is this for domainers? I am looking to register what I consider generic titles and totally avoid known brand names. Should one fall foul of this and get on the receiving end of a legal approach what form do these normally take? Would there usually be a warning to stop using the domain first or are there cases where legal proceedings are brought straight away. Obviously keen to avoid any unnecessary stress, risk or costs. Appreciate your time and any feedback you are able to offer.

Looking forward to reading forum in future

Kind Regards,
Cockneyminty

 

[wb]

Welcome...

Have read up on this and tried the USPTO search but apart from hiring professional search firm wondered what general advice would be.

That won't be much use if you're interested in trading in UK domains. Use the registered trade mark search on www.ipo.gov.uk

How much of a potential problem is this for domainers? I am looking to register what I consider generic titles and totally avoid known brand names.

If you're going for generics then you will generally be ok, but there can often be overlap on what you think may be generic term actually being a brand. As above, use the registered trade mark search. However, also remember that trade marks do not need to be registered for someone to claim that you are "passing off".

Should one fall foul of this and get on the receiving end of a legal approach what form do these normally take? Would there usually be a warning to stop using the domain first or are there cases where legal proceedings are brought straight away.

That will vary and depend on if you agree or disagree with the dispute. The "normal" process for UK domains will be a Nominet DRS (I'll leave you to read up on that) although it should be remembered that the DRS procedure does not replace the court/legal system and a complainant does not have to use it. You could receive anything from a polite email to a letter before action in the post. If you wrongfully registered the domain then they may also request costs and chase after any profits made.

None of the above is legal advice.