If you can reframe your question or issue in more general terms the members might be able to offer some ideas of where to look for answers. However, we don't answer people's specific legal questions.
Looking at Buydomains list of "Antiques" names they mostly look like pretty generic two word combos and as such difficult to trademark for use within the Antiques field.
If you want a generic combination of words buy the domain from the seller and spend the time you would have to spend on trying to wrest the name on building your site and creating value. It will work out a lot cheaper in the end and you'll feel better its a karma thing.
Incidently when I go in an Antique Shop I don't think £2000 for a table , I bet the seller only paid £2 for it in a house clearance therefore I'm not buying it. I ask myself is the table worth £2000 to me and will I get pleasure from owning it.
If you want the name, you will just have to buy it I think - it hurts, but that's life
It annoys me that cybersquatters like this can operate without any governing body restricting their activities.
Their is a governing body over domain names. It called ICANN and their policy over domain disputes is posted on their site.
You should read it sometime. I think you would find it very enlightening.
The domain I want will eventually be the name of the Limited company I setup
Can you afford NOT to pay their price?
It's possible I may incur legal costs around the £2000 mark, but this would be more satisfactory that giving BuyDomains £2500 of my well earned money.
BushBurner,
It may cost you more than that if you lose.
Before taking any legal action you should read about "reverse domain name hijacking." Reverse domain name hijacking protects domain name holders against companies with deep pockets from taking away their domain.
This rule even applies to trademark holders who are going after generic domain names.
A pretty clear cut win for BuyDomains, in my opinion. The calendar is on their side. Their first use predates any possible first use by this yet to be established company.
Cybersquatting ONLY applies when the domain being squatted on is a clear trademark that is a made-up word or coined phrase, or the name of a very very famous celebrity (i.e. somebody that 99 people out of a hundred stopped at random on the street would automatically associate with that name).
Widgets.com (where widgets is a trademark but also a totally generic, common expression) would not be an example of cybersquatting, unless the owner was stupid enough to keep sending the traffic to somewhere that conflicted with the trademark rights, thus handily providing a demonstration of their intent to squat. Of course the trademark owner might still be able to go after the domain name, but it's not a good example of cybersquatting.
FrenchWidgets.com (if the generic expression is used in a particular industry and is understood by participants in that industry) is even less of a cybersquatting example.
On the other hand, RedWidgets.com (in the case that widgets are not known for being red but a "red widgets" company exists) could be construed as cybersquatting.
basic point of principle
Yours? :D
There is a governing body over domain names.
Once this company is established, can I legally take the domain from them
IANAL, but according to Nominet's "rules", I think you're entitled to use
www.<official-company-name>.LTD.uk
for your company. I very much doubt that you'll be using this as your primary domain, though.
Does that help? Probably not ;-)
But I suppose that's how they became fat cats in the first place, so the best of luck to them. I wonder, will fairtrade ever apply to anything other than coffee and tea? Damm, a fat cat has just pierced the skin on my visionary bubble :0(
Thanks for all your comments.
[edited by: Webwork at 1:37 am (utc) on Oct. 4, 2005]
[edit reason] Delinked [/edit]
Branding is very important in the online world, If the Domain at Buydomains is exactly what you want and is descriptive of your services then buy it! As I said earlier it will be by far the cheapest option in the long run.
How much would you pay for a premesis in Bond Street or Hatton Gardens? £2500 + £5 a year rent seems quite reasonable?
Is the domain going to make you money? If the answer is yes, then that is money you are loosing every day you postpone buying the domain.
Is this domain going to earn you more money than a second best domain? If yes...
Just my own experience…I recently spent 10,000 USD each on 3 domains I bought that fitted my business model. It was hard to swallow, but so too is doing nothing in spite…
You need to think about business, not emotion. Emotion is for lovers.
It's only Tuesday, but that line has to be my quote of the week.
Please tell me where I can purchase domains for £2. I am an accredited registrar and I pay more than. Who on earth is this guy? This has to be a wind-up. And his other comments almost beggar belief. I am expecting Jeremy Beadle to step out at any minute.
[edited by: Webwork at 2:27 am (utc) on Oct. 5, 2005]
[edit reason] Let's not discuss domain registration fees or spam-a-rama will follow [/edit]
[edited by: Webwork at 2:28 am (utc) on Oct. 5, 2005]
they probably purchased the domain for no more than £2
It is a common misconception that domain dealers pay prices approximating registration fees for their inventory. That being said, BD/saggydimes has on numerous occasions, bought domains at prices of 4 figures and up.
BushBurner said:
trade domains at a fair price
Fair prices are determined by the market variables of supply and demand. If a domain is priced reasonably, someone will buy it. If it is ridiculously priced, people will look for lesser priced alternatives.
If the .com is not available, or it is available at a price higher than you want to pay, buy the .co.uk or the hyphenated version.
If it's for a business you're setting up, then no doubt you'll be printing it all over your headed paer etc. anyhow, on top of that, if you're worried about people typing in your company name and getting someone else, get a good seo team on the case.
.com is not the be all and end all, i have numerous sites that rank in the top 5 for various terms, and not one of them is a .com.
You say you're UK based, if thats the case then a .co.uk on a UK host will work better for you on ranking than a .com anyway.
Just my opinion, feel free to ignore it
