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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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have a website domain "guinaz.co.uk" that initially was set

Customer Question

have a website domain "guinaz.co.uk" that initially was set up to give information about a Spanish companies product "guinaz.com" Guinaz Electronica S.L. and were happy for me to ustheir images and text to promote their product.
I have worked with this company whilst working within another company and when I left that company they stopped marketing the product.
Recently I have had sales enquiries through my site and after enquiring if I could purchase from Spain they have started supplying me direct.
They are happy with the promotion of ther product however they have expressed concern that using the domain name "guinaz.co.uk" is not allowed, and have said to stop confusion I should stop using that name to sell their product and direct traffic from it to their site.
I believe this has come about because Google ranks my site above their site.
I don't want to fall out with them as that would lose business for all.
If they wanted to stop anyone else using the domain name to include "guinaz" they should have bought the domain themselves.
There is another site "www.guinazintercoms.co.uk" that also advertises their product not owned by me. They continue to advertise and sell the Guinaz product.
Am I doing anything illegal? and how do I try to build bridges rather than knock them down. Thank you in advance.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Is there any written agreement that allows you to use their material?
Customer: replied 3 years ago.

I have an email saying they are happy for me to use their images to promote their product.


 


However its not about using the images or content.


 


They don't want me to use the domain name "guinaz.co.uk"


 


If I were to use say "spanishintercoms.co.uk" there would not be a problem.


 


Clause 6 of my sites terms and condition www.guinaz.co.uk/terms.html state that copyright remains with the manufacturer

Expert:  UK-Justice replied 3 years ago.
But did they know you were using that domain?
Customer: replied 3 years ago.

I purchased the domain in September 2011 and they have been aware that I have been using it since then.

Expert:  UK-Justice replied 3 years ago.
Are you doing anything illegal - no.

They know about the deal becuae they have agreed to it, they know about the domain name.

Just because they did not secure a better domain is not your fault.

They knew about it and now almost 18 months later are complaining,

Has it not been for the higher ranking then it is unlikely they would complain.

So no, they have waited too long and have known about it - you are not song anything illegal.

I hope this helps,




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thank you for this reply, it confirmed what I actually already knew about the domain name issue but my real concern is what would be the best way to say the above without offending them as they could just stop supplying me with their product and I would lose a business regardless of the name.

Expert:  UK-Justice replied 3 years ago.
Sure.

That's a commercial decision sadly not a legal matter........


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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