Trademarks and Domains?

[bobbyparker]

I've just purchased www.facebooktimeline.co.uk as facebook at introducing the new timeline and thought it may be a cheap investment in the future.

I've now thought that I may be infringing their trademark?

 

[WebTrust]

Yes it is, but they almost never take action.

 

[bobbyparker]

Yeah just speaking to a friend who's a domain entrepreneur, said it's not a good idea. Oh well. Only £5.99

 

[WebTrust]

I always hear that, but I have about 70 trademark domains and nothings ever come of it.

 

[Eagle]

Has anyone ever been successful in claiming damages against firms trading under a trademarked name?

 

[DarrenTSO]

Expect a Nominet DRS in the post if you actually try to use it anywhere or sell it on.
http://www.nominet.org.uk/disputes/drs/

You have no legitimate use for this domain and it clearly comes under a "Bad faith" registration.

 

[saliha123]

A charming store selling handmade furniture in middle America wants to expand. Instead of hiring a sales team, the shop's owners, Bess and Harry McDonald, launch a Web site: "themcdonaldsite.com." Before they know it, an attorney for the giant fast-food chain is sending them threatening letters.

 

[bobbyparker]

I thought I'd bump this. Facebook has now introduced Facebooktimeline and I own the domain www.facebooktimeline.co.uk Facebook timeline search on google is massive at the moment.

If I were to sell, could I sell it as face booktime line? isn't that a loop hole? massive possibilities for this domain. Facebook timeline info site etc

 

[DarrenTSO]

No, this is a clear case of a bad faith registration and exactly what DRS was designed to deal with.

Abusive Registration means a Domain Name which either:

i. was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the Complainant's Rights; or

ii. has been used in a manner which has taken unfair advantage of or has been unfairly detrimental to the Complainant's Rights;

http://www.nominet.org.uk/disputes/drs/abuse/

 

[Websitehandyman]

Prob better to go thought the only cases, I've been gening up because on on the other end of one of these, seems like even if it's a open and shut case it'll cost me £1k to stop SOB

http://www.nominet.org.uk/disputes/drs/decisions/decisionssearch/

 

[Nathanto]

If I were to sell, could I sell it as face booktime line? isn't that a loop hole?

Who would buy a domain that could be taken off them at a moment's notice? Sorry but that domain wouldn't stand a chance of defending a Nominet DRS - the only reason for registering it was to take unfair advantage of Facebook's trademark. If I were you I'd get rid now before you get threatening letters from a solicitor along with a large claim for their legal fees.

even if it's a open and shut case it'll cost me £1k to stop SOB

Having been on the defending end of several "open and shut" cases in recent years, it's not cost me a penny, just a bit of time in responding comprehensively and accurately to the complaint. Only one got as far as the free DRS Mediator and he quickly advised the Complainant they had no chance of success.

If you're the Complainant and you're absolutely certain you'll win a DRS then pay the fees, get the decision and claim the fees back in court.

 

[chrisbuckley]

Some people get away with TM'd domains but a Facebook one is a bad idea. You obviously have no idea how much money their legal department makes. I've heard that it's basically a profit centre for Facebook.

I would get rid of this domain fast.

 

[Websitehandyman]

Having been on the defending end of several "open and shut" cases in recent years, it's not cost me a penny, just a bit of time in responding comprehensively and accurately to the complaint. Only one got as far as the free DRS Mediator and he quickly advised the Complainant they had no chance of success.

If you're the Complainant and you're absolutely certain you'll win a DRS then pay the fees, get the decision and claim the fees back in court.

A. The site is not worth the time even if I had it.
B. Because the person with the other domain is rubbish my site kills it in the SEO. It just sort of annoys me.
C. Even if I got the decisions that doesn't mean the courts would rule that way for the expense.
D. That will be another expense on top.

But you are right, not meaning you as I don't know you but the culprits don't have to pay a penny win or lose. As I see it and looking at all those recent cases it's as a nice earner. Virtually all the cases are big brands so the little guy lose out again if they are the victim and justice is too expensive for them.