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  1. #1
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    Default Wool being pulled over my eyes?

    Hi there

    Theres a NZ Domain Name available which Im interested in obtaining, but Ive been told that it has NZ Patent or user rights to its use.

    Hes never registered the Domain Name, doesnt currently trade under that name, and has "Threatened verbally" to take legal action if I take over/purchase the name.

    Im wondering if this is possible and how I can go about, freely inquiring if his claims are genuine or not.

    Thanks in advance.

    John in Mosgiel.

  2. #2
    Misc. User of PressF1 somebody's Avatar
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    Default Re: Wool being pulled over my eyes?

    How on earth did he get your contact details in the first place? I'd be a bit suspicious if he's claiming that it has to do with a patent, rather than a trademark.

    What you should do is check the Trademark register on IPONZ (http://www.iponz.govt.nz/cms - their website seems to be down at the moment), and see if this guy genuinely holds the trademark he claims he has.
    Any views expressed here are my own and do not necessarily represent the views of my employer or any affiliated 3rd party.

  3. #3
    IT Consultant johcar's Avatar
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    Default Re: Wool being pulled over my eyes?

    As far as I'm aware, if the name is available, anyone can buy/use it. If he has some plan to develop a product or service that uses that name he has that same right. If he wants it and it's available, he should buy it.

    It is impossible to defeat an ignorant man in argument. -William G. McAdoo, lawyer and politician (1863-1941)

  4. #4
    Misc. User of PressF1 somebody's Avatar
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    Default Re: Wool being pulled over my eyes?

    Quote Originally Posted by johcar View Post
    As far as I'm aware, if the name is available, anyone can buy/use it. If he has some plan to develop a product or service that uses that name he has that same right. If he wants it and it's available, he should buy it.
    There are policies in place to try and prevent cypersquatting, or people using a recognised brand name to try and push their own site. The Dispute Resolution Service run by the DNC administers this: http://www.dnc.org.nz/drs/

    For example, if you managed to register www.microsoft.co.nz (by some stroke of luck), Microsoft could quite legitimately get that domain name taken off you as their brand is considered to be well recognised.
    Any views expressed here are my own and do not necessarily represent the views of my employer or any affiliated 3rd party.

  5. #5
    Computer Technician wainuitech's Avatar
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    Default Re: Wool being pulled over my eyes?

    For example, if you managed to register www.microsoft.co.nz (by some stroke of luck), Microsoft could quite legitimately get that domain name taken off you as their brand is considered to be well recognised.
    That actually did happen a few years back in August 2003, some student using his actual name and MS got all twisted about it --

    What was the student using as a domain Name ??? ----- MikeRoweSoft.com

    Google or Wikipedia it, its actually a laugh

  6. #6
    Baking. bob_doe_nz's Avatar
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    Default Re: Wool being pulled over my eyes?

    Never mind
    Last edited by bob_doe_nz; 25-02-2009 at 09:50 PM. Reason: Beaten... to a pulp
    My shutdown application

    Call me Angel Nob Bobstickles. The baking vending builder who can't fix it.

  7. #7
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    Default Re: Wool being pulled over my eyes?

    Thanks for the Trademark info...

    I see there is a three worded Trademark name held by the person I mentioned above. I only want the first two words (combined) .co.nz as the Domain Name I wish to Register, then use it on a parallel business.

    As the Trademark Holder has not claimed the Domain Name, is there any reason I couldnt claim it and use it for an independant but alike business?

    Thanks

    John.

  8. #8
    Misc. User of PressF1 somebody's Avatar
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    Default Re: Wool being pulled over my eyes?

    (Disclaimer: I am not a lawyer)

    The situation will depend on a number of factors, primarily revolving around whether or not the term is "generic" enough, and whether or not you are operating in the same industry as he is.

    For example, you could use the word "computer" as a trademark, as it is considered too generic.

    Trademarks are only relevant within the same industry. So for example, I could legitimately start up a "PressF1" range of sandwiches, and there would probably be little that PCW could do about it. However, if I started up an IT support firm called "PressF1", they would be able to claim that I am breaching their trademark as it is in the same industry.

    By the sounds of it, if you are operating a "parallel" business competing against him in the same industry, you may be treading on thin ice.

    If you are concerned, you should probably consult a lawyer for some proper advice. Your other option is to simply take the risk, register the domain name, and worry about legal action later.
    Any views expressed here are my own and do not necessarily represent the views of my employer or any affiliated 3rd party.

  9. #9
    Senior Member roddy_boy's Avatar
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    Default Re: Wool being pulled over my eyes?

    Quote Originally Posted by somebody View Post
    For example, you could use the word "computer" as a trademark, as it is considered too generic.
    I don't think you could, actually.

  10. #10
    Misc. User of PressF1 somebody's Avatar
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    Default Re: Wool being pulled over my eyes?

    Quote Originally Posted by roddy_boy View Post
    I don't think you could, actually.
    Typo: "could" should be "couldn't" in my original sentence, as the rest of it implies.
    Any views expressed here are my own and do not necessarily represent the views of my employer or any affiliated 3rd party.

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