[LondonOpenCoffee] Web domain

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[LondonOpenCoffee] Web domain

Julian Asher-2
Hello wonderful people.

I came up with a new slogan/brand name
And when checking the domain name i see someone is already using that domain name.

However - the person is not using that name for their products. It's just the domain.


So if I went to trademark that slogan - can I then ask that person to give up that domain name as I trademarked it and it now belongs to me ?


Would love your advise on that one.


Thanks
Katharina.

Von meinem iPhone gesendet



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Re: [LondonOpenCoffee] Web domain

Julian Asher-2
Give up the name? no. They bought it. You will need to buy it from them.

Uri Avissar
Seraph Consulting Inc.
+972-526763957
Skype: uavissar

On Tue, Mar 14, 2017 at 11:42 PM, Katharina <[hidden email]> wrote:
Hello wonderful people.

I came up with a new slogan/brand name
And when checking the domain name i see someone is already using that domain name.

However - the person is not using that name for their products. It's just the domain.


So if I went to trademark that slogan - can I then ask that person to give up that domain name as I trademarked it and it now belongs to me ?


Would love your advise on that one.


Thanks
Katharina.

Von meinem iPhone gesendet



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Re: [LondonOpenCoffee] Web domain

Julian Asher-2
In reply to this post by Julian Asher-2
Hi Katharina 

As you registered the trademark after they registered the domain, trademark rights doesn't matter. Check for example Nissan.com If you really really like domain and slogan, try to buy from current owners before registering anything. 

In addition, try other domain zones: .uk .london .cycle and so on. There is zone for almost anything right now.

This is just a list of zones to consider ) 


Regards
Andrii

07897255664



Sent from my iPhone

On 14 Mar 2017, at 21:45, Uri Avissar <[hidden email]> wrote:

Give up the name? no. They bought it. You will need to buy it from them.

Uri Avissar
Seraph Consulting Inc.
+972-526763957
Skype: uavissar

On Tue, Mar 14, 2017 at 11:42 PM, Katharina <[hidden email]> wrote:
Hello wonderful people.

I came up with a new slogan/brand name
And when checking the domain name i see someone is already using that domain name.

However - the person is not using that name for their products. It's just the domain.


So if I went to trademark that slogan - can I then ask that person to give up that domain name as I trademarked it and it now belongs to me ?


Would love your advise on that one.


Thanks
Katharina.

Von meinem iPhone gesendet



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Re: [LondonOpenCoffee] Web domain

Julian Asher-2
In reply to this post by Julian Asher-2

On the contrary Katharina,

 

Having a registered trademark does matter, but the rule of thumb, generally is that, whilst you are forming your trademark, you need to be searching

for the domain at the same time to make a clean swoop at the onset of early rights to a name. However, with the case of ‘NISSAN.COM, buying it could prove

problematic because the Nissan as a brand has been in the public domain for a long time and therefore will be seen as ‘passing off ‘ a term used in common law

Tort. Nissan have the right to claim that back if they can be bothered to chase you in the courts. The same applied once to 21st century Fox.com, some one bought this for 5USD

during the dot.com , and 21st Century Fox bought it back for a lot of cash, I guess because they couldn’t be bothered to fight it in court, but if they did, they would have had a strong case.

 

My advice will be from experience, 1. Attempt to buy it back from them current user, 2. Come up with a derivative domain, 3, Do a buy back deal,

where you can buy in advance of the domain expiring, I think the current owner has 4-6 weeks to renew it before it elapses, and it will immediately

revert back to you.

 

Prince Tikare, BA(Hons) Arch, Dip Arch.

 

CEO

SMOODYPOD® GROUP INTERNATIONAL CORP.

 

id:image001.png@01D22264.11B0A930

 

 

t. +44  791 7994 641

t. +234 810 6800 352

t.+234 708 480 1365

t.+34 604 135 142

 

s.   powersmoody

wsgric.com

w.  smoodyfruit.com

w.  sgidb.com

 

Headquarters <a href="x-apple-data-detectors://6/1">Suite 188, 10 Gt Russell St, London WC1B 3BQ.

 

Factory Site <a href="x-apple-data-detectors://7/">6a Alfred Olaiya Street, Opebi, Ikeja, Lagos.

 

id:image002.png@01D22264.11B0A930

 

 

id:image003.jpg@01D22264.11B0A930

 

 

From: <[hidden email]> on behalf of Andrii <[hidden email]>
Reply-To: <[hidden email]>
Date: Wednesday, 15 March 2017 at 13:14
To: <[hidden email]>
Subject: Re: [LondonOpenCoffee] Web domain

 

Hi Katharina 

 

As you registered the trademark after they registered the domain, trademark rights doesn't matter. Check for example Nissan.com If you really really like domain and slogan, try to buy from current owners before registering anything. 

 

In addition, try other domain zones: .uk .london .cycle and so on. There is zone for almost anything right now.

 

This is just a list of zones to consider ) 

 

 

Regards

Andrii

 

07897255664

 

 

Sent from my iPhone


On 14 Mar 2017, at 21:45, Uri Avissar <[hidden email]> wrote:

Give up the name? no. They bought it. You will need to buy it from them.


Uri Avissar

Seraph Consulting Inc.

+972-526763957

Skype: uavissar

 

On Tue, Mar 14, 2017 at 11:42 PM, Katharina <[hidden email]> wrote:

Hello wonderful people.

I came up with a new slogan/brand name
And when checking the domain name i see someone is already using that domain name.

However - the person is not using that name for their products. It's just the domain.


So if I went to trademark that slogan - can I then ask that person to give up that domain name as I trademarked it and it now belongs to me ?


Would love your advise on that one.


Thanks
Katharina.

Von meinem iPhone gesendet



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Re: [LondonOpenCoffee] Web domain

Julian Asher-2
In reply to this post by Julian Asher-2
Thank you so much Andrii

Von meinem iPhone gesendet

Am 15.03.2017 um 12:15 schrieb Andrii <[hidden email]>:

Hi Katharina 

As you registered the trademark after they registered the domain, trademark rights doesn't matter. Check for example Nissan.com If you really really like domain and slogan, try to buy from current owners before registering anything. 

In addition, try other domain zones: .uk .london .cycle and so on. There is zone for almost anything right now.

This is just a list of zones to consider ) 


Regards
Andrii

07897255664



Sent from my iPhone

On 14 Mar 2017, at 21:45, Uri Avissar <[hidden email]> wrote:

Give up the name? no. They bought it. You will need to buy it from them.

Uri Avissar
Seraph Consulting Inc.
+972-526763957
Skype: uavissar

On Tue, Mar 14, 2017 at 11:42 PM, Katharina <[hidden email]> wrote:
Hello wonderful people.

I came up with a new slogan/brand name
And when checking the domain name i see someone is already using that domain name.

However - the person is not using that name for their products. It's just the domain.


So if I went to trademark that slogan - can I then ask that person to give up that domain name as I trademarked it and it now belongs to me ?


Would love your advise on that one.


Thanks
Katharina.

Von meinem iPhone gesendet



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Re: [LondonOpenCoffee] Web domain

Julian Asher-2
In reply to this post by Julian Asher-2

Nissan as a brand has been in the public domain for a long time and therefore will be seen as ‘passing off ‘ a term used in common law

Tort. Nissan have the right to claim that back if they can be bothered to chase you in the courts. 



Actually regarding Nissan it was opposite. And the situation is similar one to what Katharina is investigating. 

Nissan Motor Sued Nissan Computer For Trademark Infringement,
Trademark Dilution And Cyber-Squatting

Seeking 10 Million Dollars In Damages
This is after more than 20 years of Mr. Nissan's well-documented prior use
of his family name for business purposes in the U
nited States
which he commenced when the cars were known as DATSUN.


It is on the Nissan.com :) 


On 15 Mar 2017, at 12:35, PRINCE TIKARE <[hidden email]> wrote:

On the contrary Katharina,

 

Having a registered trademark does matter, but the rule of thumb, generally is that, whilst you are forming your trademark, you need to be searching

for the domain at the same time to make a clean swoop at the onset of early rights to a name. However, with the case of ‘NISSAN.COM, buying it could prove

problematic because the Nissan as a brand has been in the public domain for a long time and therefore will be seen as ‘passing off ‘ a term used in common law

Tort. Nissan have the right to claim that back if they can be bothered to chase you in the courts. The same applied once to 21st century Fox.com, some one bought this for 5USD

during the dot.com , and 21st Century Fox bought it back for a lot of cash, I guess because they couldn’t be bothered to fight it in court, but if they did, they would have had a strong case.

 

My advice will be from experience, 1. Attempt to buy it back from them current user, 2. Come up with a derivative domain, 3, Do a buy back deal,

where you can buy in advance of the domain expiring, I think the current owner has 4-6 weeks to renew it before it elapses, and it will immediately

revert back to you.

 

Prince Tikare, BA(Hons) Arch, Dip Arch.

 

CEO

SMOODYPOD® GROUP INTERNATIONAL CORP.

 

<image001.png>

 

 

t. +44  791 7994 641

t. +234 810 6800 352

t.+234 708 480 1365

t.+34 604 135 142

 

s.   powersmoody

wsgric.com

wsmoodyfruit.com

wsgidb.com

 

Headquarters <a href="x-apple-data-detectors://6/1" class="">Suite 188, 10 Gt Russell St, London WC1B 3BQ.

 

Factory Site <a href="x-apple-data-detectors://7/" class="">6a Alfred Olaiya Street, Opebi, Ikeja, Lagos.

 

<image002.png>

 

 

<image003.jpg>

 

 

From: <[hidden email]> on behalf of Andrii <[hidden email]>
Reply-To: <[hidden email]>
Date: Wednesday, 15 March 2017 at 13:14
To: <[hidden email]>
Subject: Re: [LondonOpenCoffee] Web domain

 

Hi Katharina 

 

As you registered the trademark after they registered the domain, trademark rights doesn't matter. Check for example Nissan.com If you really really like domain and slogan, try to buy from current owners before registering anything. 

 

In addition, try other domain zones: .uk .london .cycle and so on. There is zone for almost anything right now.

 

This is just a list of zones to consider ) 

 

 

Regards

Andrii

 

07897255664

 

 

Sent from my iPhone


On 14 Mar 2017, at 21:45, Uri Avissar <[hidden email]> wrote:

Give up the name? no. They bought it. You will need to buy it from them.


Uri Avissar

Seraph Consulting Inc.

+972-526763957

Skype: uavissar

 

On Tue, Mar 14, 2017 at 11:42 PM, Katharina <[hidden email]> wrote:

Hello wonderful people.

I came up with a new slogan/brand name
And when checking the domain name i see someone is already using that domain name.

However - the person is not using that name for their products. It's just the domain.


So if I went to trademark that slogan - can I then ask that person to give up that domain name as I trademarked it and it now belongs to me ?


Would love your advise on that one.


Thanks
Katharina.

Von meinem iPhone gesendet



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