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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have bought several domain names with the words o2

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hello I have bought several domain names with the words o2 written in the domains, I have received a letter from IP company acting on behalf o2 saying I must delete the domain name and never buy anymore with o2 written in them as it is giving people the idea that we are affiliated with the brand o2. If I do this they wont take any further action against me. Please can you tell me what is the law in regards ***** ***** with other companies name in them, reason we bought these is because we are in the IT and Electronics Industry and deal with mobile phones, laptops etc and O2 is just one of several companies of which we do get products from whether its from the public or other companies disposing of their products.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Can you give a list or examples of the domains here?
Alex
Customer: replied 1 year ago.
Hi I bought several domains from other mobile phone companies and also domains which are interested to my business which involves IT and telecom products. The domains o2 were referring to were o2scrap. Com, o2scrap.co.uk, o2mobilescrap.com, o2scrapmobiles.com not at any time did I wish to affiliate my company with o2 I just bought thee domains and many more because we deal in scrap products and we get o2, Vodafone, talk talk, BT, Virgin products through our premises. These companies I also bought domains with their names in them too. If you require a copy of the letter I can attach it if that's necessary.
Let me know
Expert:  Ash replied 1 year ago.
Please.
Alex
Customer: replied 1 year ago.
Ok see attached the actual letter it's 3 pages let us know your thoughts. As I said I've bought many other domains aswell similar to this but with names like Virgin, BT, Apple, Samsung all in the domain name and this is the first letter I've had from a IP company who works on behalf of o2 complaining about the name.
Expert:  Ash replied 1 year ago.
The legal test is would an ordinary customer be confused between O2 and you. If the answer is yes then you are infringing copyright and passing off. If the answer is no, then you will not. If you make it clear that you are not affiliated with o2 or connected in any way, a customer is not likely to be confused as such.
Therefore you ought to consider what you have in the site and whether it could be confused with o2
Can I clairfy anything for you about this today please?
Alex
Customer: replied 1 year ago.
No one could possible affiliate me and o2 the reason I bought these domains and many that mention other mobile companies and other items related to mobile and telecoms and computers is because I am a recycler and we get all that type of goods through our doors. I have taken off the link directing the domain to my website but the question is should I give away a domain name that they obviously want themselves? I am also willing to state on my website that BSX ltd is not associated with any other company. If you get chance to visit the website you will get a better understanding of our business. Please let us know thoughts having looked into all this and what you feel the way forward is
Expert:  Ash replied 1 year ago.
You could make it dormant. I don't think they have a claim but you may risk facing curt action.
Does that help?
Alex.
Customer: replied 1 year ago.
what do you mean by "make it dormant"? would you advise I state on the website that BSX is in no way affiliated with any other company?
Expert:  Ash replied 1 year ago.
You could not have it redirected so its just dormant. But if its says you are not affiliated then the odds are in your favour.
Alex
Customer: replied 1 year ago.
Ok thanks, ***** ***** possibly advise us on how to word the response I need to give them in regards ***** ***** letter they sent?
Expert:  Ash replied 1 year ago.
You just need to reply and say you do not accept the response and you will issue proceedings within 14 days which includes Court costs and interest from date of payment.
Alex
Customer: replied 1 year ago.
Alex, so to be clear there is no law stating you cannot buy or use another companies name in a domain? I don't really want to go down the court path so ill just reply telling them I have made the domains dormant and I also make it clear on my website that I make it clear we have no affiliation. I have put the following below at the bottom of my website, do you feel this is ok or is there anything I need to add or remove?
Legal: BSX Ltd is not Affiliated with any other company and we wish to clearly state we never pretend to be, BSX Ltd Recycles Name and Brand products from the Public and from Companies who wish BSX Ltd to treat those products owned by them for Recycling or Re-use purposes only. All Domains owned by BSX Ltd are because the Name or Brand in those Domains at some point come through BSX Ltd Premises and therefore are Recycled or Re-used by BSX Ltd, BSX Ltd can 100% confirm and make it clear that we have no Affiliation to any of these other Companies Legally.
Expert:  Ash replied 1 year ago.
Correct. If there is a domain dispute they should go to WIPO the domain resolution service.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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