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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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If I purchase a domain name which is not a registered trade

Resolved Question:

If I purchase a domain name which is not a registered trade mark and doesn't share the same name with a companies house registered company, Am I allowed to put whatever I want on that domain e.g. forward to another (legal) domain of my choice ?
Therefore as an example
A company own x-y.co.uk and I own x-y.com. What legal rights does the owners of x-y.co.uk have over me and what I can and can't do with my domain ? Can they threaten me with legal action to sell it and determine the price which it gets sold for regardless off initial cost.
If they do threaten legal action what grounds can this be on, if not infringing a trade mark or company name.
Best Regards Chris
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello Chris my name is ***** ***** I will help you.

Is it a generic name or specific?
Alex

Customer: replied 5 months ago.
It's is something-eng.com I wouldn't want to specify the first part.
Customer: replied 5 months ago.
However the word at the front is generic and could be used by anyone as it's not a brand name.
Expert:  Ash replied 5 months ago.

Are you in the same industry sector?

Customer: replied 5 months ago.
One is a company and I'm an individual but both in the same industry
Expert:  Ash replied 5 months ago.

Could a customer get confused between you and them?

Customer: replied 5 months ago.
No as the domain wasn't published
Customer: replied 5 months ago.
it also didn't come up on search engines or Google etc
Expert:  Ash replied 5 months ago.

Ok - but you have the domain, are they saying they want it?

Customer: replied 5 months ago.
they want to buy it from me. I want to sell it so that's not a problem. They seem to think that they can tell me what I can an can't do with a domain they don't own.
Expert:  Ash replied 5 months ago.

Well there is some merit to what they say. If its confusingly similar and they have been trading then they are right. if you use it for the same or similar industry sector, or the the name is ***** ***** they may have a claim.
It does not matter if its not on Google or used. The fact is you have it.

So there is a risk of passing off.

Can I clarify anything for you about this today please?
Alex

Customer: replied 5 months ago.
What's passing off
Expert:  Ash replied 5 months ago.

Using a name confusingly similar.

Does that clarify? Alex

Customer: replied 5 months ago.
How is that illegal
Expert:  Ash replied 5 months ago.

You can be sued in the UK under common law under the law of tort.

Alex

Customer: replied 5 months ago.
Ok I know about that thank you
Expert:  Ash replied 5 months ago.

Is there anything else you want to know or I can help with?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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