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The domains were used to attract clients to my web site. The business is a property referral service in the Worcestershire area.
The company does not use right move in our business name.
If you are trading off the back of their name then they can take this to the domain name disputes
They would have to show:@
(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
If you are just trading off the domain name to gain traffic then sadly I think they can raise a dispute
Please see the following for more information:
Can I clarify anything for you about this today please?
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?
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.
It makes no difference whether you have made money or not.
If a customer could be confused between your name and theirs, then it could be breach of IP
Can I clarify anything else for you?
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
Is it also infringing on another estate agent if I simply leave my card or flyert through their client's door?
If Speedy Counties Property is an estate agent then you would be infringing.
But if not, then you are ok.
As for a patent, you would need to seek guidance on the costs from the www.ipo.gov.uk - Patent Office
Can I clarify anything else?
I am an information referral business only and do not charge clients fees .
Ok - as long as no one else is using that trading name in the same sector you are ok
I am not an estate agent.
No but you are using the rightmove name to get traffic
But as long as there is not a business called Speedy Counties Property then you would be ok using that
That is an assumption, however I agree it was a factor and the other was using popular keywords.
Yes, but you cant trade off the back of other businesses
Sorry lost in cyberspace
Fair enough, although there are many duplicate small business's in the UK
Yes but different business sectors generally
McDonalds construction company
McDonalds may say fairly that they are on infringing on their trade mark?
No, different sectors
I am a referral business and not an estate agent
Yes I understand that
Property biz yes
But you are using rightmove name to gain traffic to your website
Please see the guidance I gave upon about domain name disputes
I can't win this one, so I will just have to have humility and roll over and play dead
I am sorry its not better news
can I clarify anything else?
I do have a duty to be honest though
Well I appreciate your advice and hopefully we will chat again. Many thanks. THanks for your honest, as I am too.
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