How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Is it a generic name or specific?
Alex

Customer: replied 1 year ago.
It's is something-eng.com I wouldn't want to specify the first part.
Customer: replied 1 year 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 1 year ago.

Are you in the same industry sector?

Customer: replied 1 year ago.
One is a company and I'm an individual but both in the same industry
Expert:  Ash replied 1 year ago.

Could a customer get confused between you and them?

Customer: replied 1 year ago.
No as the domain wasn't published
Customer: replied 1 year ago.
it also didn't come up on search engines or Google etc
Expert:  Ash replied 1 year ago.

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

Customer: replied 1 year 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 1 year 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 1 year ago.
What's passing off
Expert:  Ash replied 1 year ago.

Using a name confusingly similar.

Does that clarify? Alex

Customer: replied 1 year ago.
How is that illegal
Expert:  Ash replied 1 year ago.

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

Alex

Customer: replied 1 year ago.
Ok I know about that thank you
Expert:  Ash replied 1 year ago.

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

Ash and other Law Specialists are ready to help you