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    domain name - legal advice! legal peeps please

    Hello!

    I registered a domain which had the same name as a famous person!
    Famous person has got solicitor to send an email to domain in question which then got forwarded to me.

    Where do I stand lol... have there been any cases where the other party has won?

    shall I just give in?

    any advice would be good (try to avoid the .. tut tut.. shame on you) please.

    Kind Regards,

    5nowman!

    17 Comments

    Banned

    if the name isn't trademarked then you would probably be ok, but there are many variables to consider, such as what it was being used for. If it is trademarked but also your name you will be ok too most likely.

    What did the solicitors letter say?

    Banned

    why do it if ur gonna give up ehe eheheheh!!!

    dont give up! you can make some mooniesssss

    Original Poster

    the person whom the domain is the name of will most likely win. the person has lots of trademarks that are associated with the individual.

    costs will probably run into many thousands.. i barely have one lol!

    Did you have any reason to register it? or just because of their name.

    Banned

    5nowman;6358062

    the person whom the domain is the name of will most likely win. the … the person whom the domain is the name of will most likely win. the person has lots of trademarks that are associated with the individual.costs will probably run into many thousands.. i barely have one lol!



    trademark is not end all. but

    youve already given up. forget it. give it back. youre not cut out for this game.

    youve bought it so might aswell tell us.

    I'm eager to know the person in question! Do tell.

    Banned

    Joe Cole challenged and won a case against someone who registered his name.

    Banned

    If you have no connection to the name as in its your name or you've had it well before this person became famous you will have a case. If you registered it to just cyber squat in order to make some money you will lose.

    It will more depend on which rules it falls under. If it's .uk and therefore nominet then yes the precedent says they can use the trademark act if they can demonstrate you are;
    trying to pass off as them (I.e using their brand name to sell similar products)
    Misrepresenting yourself as them directly, or
    Infringing a Trademark that is very distinct (and this is hard to prove as they need to show an intent to infringe, as well as actual infringement. You might have bought the name to set up a fan site - there isn't much they can do here. Or you may have it to gain traffic for another site, again as long as it isn't the same industry they can't do much).

    All in all, the case law doesn't provide much protection except where there is essentially an element of fraud going on - if you honestly bought in good faith tell them that, and then section 21 protection is usually negated. (As a side note, there are quite a few categories of trademark depending on industry, and you can have multiple parties trying to claim s21 entitles them to it - the law here is essentially a mess.)

    oooh. Do tell who it is....

    Banned

    magough;6358516

    oooh. Do tell who it is....



    Inb4 the trolls arrive with fantasy claims!

    joecole.co.uk/

    Oh really, a official site :lol:

    he needs google ads on it i lold

    Banned

    strike;6358536

    http://www.joecole.co.uk/Oh really, a official site :lol:he needs google … http://www.joecole.co.uk/Oh really, a official site :lol:he needs google ads on it i lold



    It was pretty ]well documented at the time..... and he even went after Andy Cole for registering the domain "kingcole" and "netkingcole"

    The co.uk seems to be registered to "Vanilla Circus"........ But looks more like Billy smarts! What a pile of poo that is! I'm surrised he hasn't tried to get that back (or maybe he has and failed!)

    if you have a legitimate reason for having the said domain name other than cyber squating then you should be ok, just negotiate a good price for it if not.

    Original Poster

    I never purchased the domains to me profit.. but to give to show i was quick off the mark.. and possible give my cv across.

    Cant give the domain name.. as a simple whois will disclose my name and address!

    I've got to write to the solicitors by 4pm Friday to agree i will be giving the domains up!

    I didnt stop half way too! registered the .com .co.uk and .net!

    Original Poster

    guv;6358647

    It was pretty ]well documented at the time..... and he even went after … It was pretty ]well documented at the time..... and he even went after Andy Cole for registering the domain "kingcole" and "netkingcole"The co.uk seems to be registered to "Vanilla Circus"........ But looks more like Billy smarts! What a pile of poo that is! I'm surrised he hasn't tried to get that back (or maybe he has and failed!)





    that link is perfect... i wont win lol!! unless i change my name to the name of the person hahaha
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