Whats happening to this place?

[stender]

See forum rules at http://www.acorndomains.co.uk/faq.php

"10. No Company Names or Trade Marked domains may be promoted or published for sale."

Admin

domain removed.

I'm not sure the rules are being enforced then. maybe need some new mods admin?
who are the mods now by the way? I'm only aware of yourself and laskos. The others don't seem to be on here much anymore.
And did anyone report the post?

 

[Paullas]

domain removed.

I'm not sure the rules are being enforced then. maybe need some new mods admin?
who are the mods now by the way? I'm only aware of yourself and laskos. The others don't seem to be on here much anymore.
And did anyone report the post?

if i get any complaints i try and remove them as soon as i can (as other members know) but as i do this for free i do have a job that has to come first.

 

[accelerator]

See forum rules at http://www.acorndomains.co.uk/faq.php

"10. No Company Names or Trade Marked domains may be promoted or published for sale."

Admin

... but you don't see a mention of Trademark domains if you look at the rules from the link in the domains for sale section. Perhaps this needs to be added?

In general I think what is needed is a good article from one of the more experienced domainers about the issues around Trademark domains (and why generally it's a bad idea to register them ...).

Rgds

 

[GreyWing]

Take the vaiolaptops domain that was posted on here, is that any different to Volvospares.com No doubt Edwin would have put that in his examples if someone had posted it on here.

http://www.wipo.int/amc/en/domains/decisions/html/2008/d2008-1860.html

"It is clear that the Respondent knew about the Complainant's trademark rights when the disputed domain name was registered. As the Panel has found that the Respondent has rights or legitimate interests in the domain name and there is no evidence that the Respondent has been misrepresenting his business either to the public generally or to particular customers as associated with the Complainant, given the above findings, the Panel must find that the domain name has not been registered or used in bad faith."

If people think TM's are black and white then that's up to them, but the above single incident says otherwise.

My view is that it's down to the mods and admins to decide and if they think something has crossed the line, it's their site and their decision.

 

[Ashton]

This is a great thread.

Could someone sum up all this in a new thread pointing out both sides of the argument and letting readers decide for themselves. I am sure it would prove a useful future reference to any new domainers etc.

 

[Paullas]

This is a great thread.

Could someone sum up all this in a new thread pointing out both sides of the argument and letting readers decide for themselves. I am sure it would prove a useful future reference to any new domainers etc.

we dont need a new thread starting this one is good enough. we dont want threads all over the place about the same topic/subject.

 

[fred]

domain removed.

I'm not sure the rules are being enforced then. maybe need some new mods admin?
who are the mods now by the way? I'm only aware of yourself and laskos. The others don't seem to be on here much anymore.
And did anyone report the post?

Just because I don't post much, doesn't mean I'm not around ;-)

if i get any complaints i try and remove them as soon as i can (as other members know) but as i do this for free i do have a job that has to come first.

What he said!

 

[Ashton]

Paul I was suggesting a locked, stickied thread... to prevent exactly that! Just one which summarises all the arguments that people can read and make their own (educated) decision.

 

[Sound]

Paul I was suggesting a locked, stickied thread... to prevent exactly that! Just one which summarises all the arguments that people can read and make their own (educated) decision.

We don't need a new thread all we need is members to spend five minutes reading the forum rules...

"10. No Company Names or Trade Marked domains may be promoted or published for sale."

Now people have no reason to post them...........

 

[Ashton]

Posting and buying are different. When I joined (not so long ago) I would have appreciated a clean lesson on the advantages and disadvantages of registering a TM. I feel you guys have forgotten what its like starting in domaining. Oh well.

 

[stender]

Who goes on a website and reads the rules, terms, privacy etc. I don't.

I think it's the mods who should be aware of the rules and enforce them.
And if a member finds a post which is breaking the rules or offensive then use the report post button and a mod will make a decisiion.

Paullas, I appreciate the job you do and it's much appreciated and my post is not a slight on you or the other mods, I'm just suggesting having a couple more maybe if felt necessary.

Fred, same to you. Do you have a red light on your telly which flashes if the word moderator is posted?


It may be worth having a sticky thread on tm's hilighting what can happen if registered, as it is unclear to many including me. A lot of people have the attitude of - if the company doesn't like it they'll come knocking and I'll hand it over right away. They are not aware that they can be sued and the tm owner can claim all the money made on that site plus damages etc...

 

[Sound]

Posting and buying are different. When I joined (not so long ago) I would have appreciated a clean lesson on the advantages and disadvantages of registering a TM. I feel you guys have forgotten what its like starting in domaining. Oh well.

Posting and Buying are not different.

Don't post Trade Marked domains on the forum

Don't buy Trade Marked domains.

 

[GreyWing]

Posting and buying are different. When I joined (not so long ago) I would have appreciated a clean lesson on the advantages and disadvantages of registering a TM. I feel you guys have forgotten what its like starting in domaining. Oh well.

Ashton.... read what people are writing, it isn'tblack and white and if you are looking for a black and white decision you ain't going to get one. If you feel that you are on dodgy ground, then don't register it.

Nobody is goint to tell you to go out and register blatant TM's, don't do it, it doesn't go down well.

What people are arguing is that some generics may have been TM'd and they don't stand up in court, DRS etc because they maybe used in other classes of TM for example.

You have to use your own common sense, or put your hand in your pocket and get legal advice.

 

[retired_member12]

Posting and buying are different. When I joined (not so long ago) I would have appreciated a clean lesson on the advantages and disadvantages of registering a TM. I feel you guys have forgotten what its like starting in domaining. Oh well.

Unfortunately, like GW is saying, it's not a simple issue. Experience helps yes, because the longer term members have seen this topic come up many times before, but it isn't so easy to put all the issues to print in a forum. You need to see the subtle differences yourself between examples like:

'Microsoft'- blatantly obvious
'Sage'- seemingly obvious but also cross class
'Stay Cool'- not obvious and definitely cross class
'Car'- shockingly not obvious

Let's not forget 'Map' & 'Maps', both TMs, and both of which the .co.uk's are registered to Edwin himself, rather than Memorable Names! Just tip me off Edwin when you throw them in the trash bin, i'll take my chances with those two beauties!

 

[Bailey]

Some good points for those new to the game made already. Case law (as opposed to statute) as we know develops day-by-day. The Volvo case being one of the best examples of fair usage, so there really isn't a call for any kind of 'sticky thread' . Not unless you want to be the one to update it daily.

I would bring in at this point the growing trend for recent registrants of TM's to try their hand at giving current domain holders grief over their earlier registered domain. I've had a couple of attempts of over zealous threats - thankfully pointing out their own ignorance of TM law has brought each to a quick end.

It is great that legal discussions remain such a large part of all good boards and the internet is the greatest place to research any spin you may wish to defend. Nothing wrong with trying it on- just don't fool yourself along the way

 

[bb99]

The Volvo case being one of the best examples of fair usage,

A good recent comparable DRS is the one for toshiba-laptop-battery.co.uk, which was initially won by the respondent... but then overturned on appeal and given to Tosh.

I can't work out how to directly link to a DRS PDF, so if you put "toshiba" into the searchbox here you will find both to read:

http://www.nic.uk/disputes/drs/decisions/decisionssearch/

 

[GreyWing]

To be fair the guy did himself no favours by registering 13 epsom related domain names and then not responding to the DRS. But that was clearly an abusive registration when you put it in context of the site material and his other names.

Bit of a crap name tbh, can't believe Toshiba bothered with it in the first place.

VolvoSpares was another story imo

 

[doodlebug]

To be fair the guy did himself no favours by registering 13 epsom related domain names and then not responding to the DRS. But that was clearly an abusive registration when you put it in context of the site material and his other names.

Bit of a crap name tbh, can't believe Toshiba bothered with it in the first place.

VolvoSpares was another story imo

They probably won't use it but if brought to their attention then they have to protect their own brand, this isn't fair on TM holders because the list is endless Toshiba ??? .co.uk would have thousands of alternatives which is why Nominet/IPO and registrars need to stop these being regged in the first place IMO.

 

[Bailey]

just as a reminder to the newbies ( make sure you have the major Trademark databases bookmarked)

You'll be surpised at the education there is to be had by studying trademark law. And always keep in mind that "over-reach" by a TM holder is an offence in its own right and can result in cancellation of a registered Mark - obviously be sure of your ground before embarking on such correspondence - but, it is fun when you get the chance to educate those that come at you like a pitbull

 

[rob]

If the serious pros want to continue to protect their own interests, they a few soundings from them that they expect Nominet to bring in more robust and clear rules would be helpful. After all, Nominet and its Board are supposed to be the experts, not the guy sitting at home who buys 1 or 2 domains a month!

I was just using this thread elsewhere and missed you reply

I think thats the key thing - responsibility from all areas but that does involve putting aside self interests as much as possible.

I do think it would benefit all if domainers sorted out their backyard - and then could come to the table with Nominet + co and work towards the *cringe* great good.

Many wont want to, they want a status quo as they are making £ - however alot of that IMHO is short term and it would help those to wake up and see where things progress onwards.

Logic does say Nominet ought to be taking a lead in terms of stuff like TM regging, but if people can see that not happening, then its equally poor not to get involved and try and sort that out.