The legalitys of this?

[anon]

I own a domain name which is a second name (not very common, but a second name none the less) lets call it smiths.com (although unfortunately it isn't that!)

I intended to use the domain as a genealogy forum for people with this second name, the Mr “Smiths” of this world, after some research, I chose not to.

I now know that a company owns the .co.uk of the domain an runs a e-commerce site. (The company is run by Mr "Smith")

If I choose to offer the .com to them where would I stand legally, as I said the name is a second name rather then a brand name they thought up themselves.

Any input would be appreciated.

 

[D4_Media]

legally you are fully entitled to the domain name and can do whatever you want with it.
however if the domain name you owned was the same as their company name and they had a website with the same name as yours but a different extension they might have something to say about it.
they can only complain if their company is protected by a trademark or they hold the copyright.
hope this helps.

if not or it isnt really clear then please let me know as im currently a Law advisor for a UK I.T Firm and if i can be of any help please let me know

 

[GeorgeK]

If you contact them, offering to sell it, it might be risky, and could be construed as "bad faith".

Although, WIPO can often go the company's way even if you never approach them, e.g. the edmund.com case that UltSearch lost, grrrr, see:

http://arbiter.wipo.int/domains/decisions/html/2001/d2001-1319.html

Bad, bad decision.

 

[D4_Media]

the legal situation varies from country to country , in the UK if the company name has no copyright or share status (ie on the london stock market) then they are not usually considered big enough and the courts would favour the person and not the company.

all depnds on what country you are in thats the UK law system for you anyway

 

[Glamorama]

If you contact them, offering to sell it, it might be risky, and could be construed as "bad faith".

Although, WIPO can often go the company's way even if you never approach them, e.g. the edmund.com case that UltSearch lost, grrrr, see:

http://arbiter.wipo.int/domains/dec...d2001-1319.html

Bad, bad decision.
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Who´s ulimate search?
You?

I´ve seen them around.

 

[GeorgeK]

Glamorama: I'm not Ultimate Search. They're one of the largest domain holders in the world (up there with BuyDomains.com, Anything.com and a few others).