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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Does a trade XXXXX XXXXXke Right Move mean one is legally prevented

Resolved Question:

Does a trade XXXXX XXXXXke Right Move mean one is legally prevented from using domains, such as quickrightmove.co.uk?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What would the domain be used for please? What business?
Customer:

Dear Alex,

Customer:

The domains were used to attract clients to my web site. The business is a property referral service in the Worcestershire area.

Customer:

The company does not use right move in our business name.

Alex Watts :

If you are trading off the back of their name then they can take this to the domain name disputes

Alex Watts :

They would have to show:@

Alex Watts :

(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights; and


(ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and


(iii) the domain name has been registered and is being used in bad faith

Alex Watts :

If you are just trading off the domain name to gain traffic then sadly I think they can raise a dispute

Alex Watts :

Please see the following for more information:

Alex Watts :

http://www.wipo.int/amc/en/domains/

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Dear Alex,

Customer:

Thank you for your insight into domain names similar to Right Move. I did non-assign the domains upon hearing from Right Move, as I wish to sustain a ethical business with my own identity. I did not understand before their response that I maybe infringing their trade mark. However, I would prefer to keep the domains: malvernquickmove.com; and malvernquickmove.co.uk . In your opinion are these two domains too close to infringing on Right Move's trade mark? I wish to resolve this issue amicably with Right Move. What do you think?

Customer:

I also consider their attitude to be very arrogant, given that I have not succeeding in making any sales, so far and I am a tadpole compared to the multi-million Right Move. How inadequate they must be. Thanks.

Alex Watts :

It makes no difference whether you have made money or not.

Alex Watts :

If a customer could be confused between your name and theirs, then it could be breach of IP

Alex Watts :

Can I clarify anything else for you?

Customer:

Okay, I understand. At a considerable expense I will have to de-activate any domain containing right, move etc. It just seems that the big boys have it all their way and can monopolise the english language. Would you recommend that I register my Speedy Counties Property, as a trade mark and how much would this cost in the UK? Thank you

Customer:

Is it also infringing on another estate agent if I simply leave my card or flyert through their client's door?

Alex Watts :

If Speedy Counties Property is an estate agent then you would be infringing.

Alex Watts :

But if not, then you are ok.

Alex Watts :

As for a patent, you would need to seek guidance on the costs from the www.ipo.gov.uk - Patent Office

Alex Watts :

Can I clarify anything else?

Customer:

I am an information referral business only and do not charge clients fees .

Alex Watts :

Ok - as long as no one else is using that trading name in the same sector you are ok

Customer:

I am not an estate agent.

Alex Watts :

No but you are using the rightmove name to get traffic

Alex Watts :

But as long as there is not a business called Speedy Counties Property then you would be ok using that

Customer:

That is an assumption, however I agree it was a factor and the other was using popular keywords.

Alex Watts :

Yes, but you cant trade off the back of other businesses

Customer:

Sorry lost in cyberspace

Alex Watts :

Can I clarify anything else?

Customer:

Fair enough, although there are many duplicate small business's in the UK

Alex Watts :

Yes but different business sectors generally

Alex Watts :

McDonalds restuarants.

Alex Watts :

McDonalds construction company

Customer:

McDonalds may say fairly that they are on infringing on their trade mark?

Alex Watts :

No, different sectors

Customer:

I am a referral business and not an estate agent

Alex Watts :

Yes I understand that

Customer:

Property biz yes

Alex Watts :

But you are using rightmove name to gain traffic to your website

Alex Watts :

Please see the guidance I gave upon about domain name disputes

Customer:

I can't win this one, so I will just have to have humility and roll over and play dead

Alex Watts :

I am sorry its not better news

Alex Watts :

can I clarify anything else?

Alex Watts :

I do have a duty to be honest though

Customer:

Well I appreciate your advice and hopefully we will chat again. Many thanks. THanks for your honest, as I am too.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


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Customer:

Enjoy your evening

Alex Watts :

And you.

Customer:

I am having problems marking your service

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try now!

Thanks

Alex