Business Recourse To A Domain

[Chris.C]

I was just wondering if I bought a domain on an expiry auction that was say SydneyTrucks.com.au which ended up being previously owned by a business name "Sydney Trucks" but they didn't have a trademark on the term or anything.

Do they have any case to getting the domain back if I also sell trucks in Syndey by my name is "Joe Blow's Trucks"?

Also what are their chances of getting a trademark for the term "Sydney Trucks" in a bid to get the domain back?

 

[neddy]

No problems with generic words like that - imho.

And particularly so if you have a business that sells trucks in Sydney.

 

[Cooper Mills DomainLawyer]

the term is descriptive and they would be unlikely to get a trade mark (but that all depends on how long they have been using and how widely known they are). A good example of a descriptive term which is trade marked is CarSales - this is typically the exception rather than the rule, as there are a lot of hurdles to jump to have something like this registered.

Happy to discuss this offline if you PM me - as there are a lot of variables

 

[findtim]

i've done it with no issues, lets just stick with the "sydney trucks" example.

but i don't know if i have had no issues because the other business is lack or they just let it go ( silly people)

my personal opinion is if a name drops and you have a valid reason to register then it just gets back into the "first come first served" theory.

tim

 

[Max]

the term is descriptive and they would be unlikely to get a trade mark (but that all depends on how long they have been using and how widely known they are). A good example of a descriptive term which is trade marked is CarSales - this is typically the exception rather than the rule, as there are a lot of hurdles to jump to have something like this registered.

Happy to discuss this offline if you PM me - as there are a lot of variables

Carsales.com circa 2004

http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0047.html

//8. Decision//

//The Panel dismisses the Complaint and declines to order a transfer of the domain name <carsales.com> as requested by the Complainant. The Panel also makes a finding of reverse domain name hijacking against the Complainant.//

Moving forward to 2007 carsales.com was purchased: CarSales.com $400,000 Moniker/T.R.A.F.F.I.C. 7/17/07

http://www.dnjournal.com/archive/domainsales/2007/ytd-sales-charts-2007.htm

 

[soj]

Carsales.com circa 2004

http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0047.html

Great case Max - thanks! Reverse hijacking et al.

 

[Cooper Mills DomainLawyer]

Carsales.com circa 2004

http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0047.html

//8. Decision//

//The Panel dismisses the Complaint and declines to order a transfer of the domain name <carsales.com> as requested by the Complainant. The Panel also makes a finding of reverse domain name hijacking against the Complainant.//

Moving forward to 2007 carsales.com was purchased: CarSales.com $400,000 Moniker/T.R.A.F.F.I.C. 7/17/07

http://www.dnjournal.com/archive/domainsales/2007/ytd-sales-charts-2007.htm

Thanks Max I have previously read that case - I defended a Federal Court action against a client of mine by Carsales on the domain name carsale.com.au - an interesting case that raised a lot of issues.