Oh dear! I have a site called gaydardating.co.uk - obviously nothing to do with gaydar.co.uk but have recently got a letter off them saying that it looks as though i intend to sell on the domain name for a much higher price or that my domain is abusive because it is trying to cash in on their name, both of which is untrue. They have also offered me £100 to transfer the domain name to them (which i have no intention of doing) They are saying that they are going to complain to nominet and imply that the name GAYDAR can only be used by them!!!
I think this is bullying by them and am lookin for some advice on what to do. I intend to email them saying that they can complain if they wish but i am not selling my domain name to them(and according to the agreement they have sent me - not to use any other similar name or produce a similar website and to supply them with any other domain names i hold if reqd!!)
I am not trying to cash in on their name and have no intention of selling the domain name to them or anyone else.
What do you all think?

The first thing to check whenever any large company sends you a letter like this is to check if they hold a trademark on the domain name or similar to the domain name you are using. Even if a large company doesn't hold a trademark, then they can still obtain a domain name from you if the domain name is used in a manner that may confuse customers into thinking that your website is their company. If you are also selling a product or service very similar to that company, then you may find yourself in trouble for 'passing off' too.

I've taken a look at www.patent.gov.uk under the trademark section and then searched by 'mark text' for the word 'gaydar' and indeed this word is trademarked and has been for several years, in fact they have trademarked a few other phrases/words and I can't see any other company that has a trademark similar, so you won't be able to use that in your defence.

I would suggest calling a trademark solicitor and having a quick chat with them to see where you stand, it shouldn't cost you anything apart from the price of a telephone call. It may be that your domain name isn't that close and that you aren't offering services similar to gaydar.

Thankfully they have done the right thing and just mentioned that they are going to take it up with nominet rather than threatening you with court action. At least with nominet it shouldn't cost you anything if you win or lose.

The fact that they mention that you are trying to sell on the domain name for a higher price has no weight in the argument unless you have tried to sell it to them directly.

If you need any more advice, then just reply on here.

Gary

To gaydar.co.uk, your use of the word "gaydar" with a male dating site does imply trying to cash in on the name. Gaydar in the UK has become synonymous with gay dating and you are subsequently infringing on their trademark.

Companies generally only allow similar domain names or uses of their trademarks if you are promoting their site or company, something which gaydardating.co.uk is not doing.

Looking at similar cases (such as http://www.wipo.int/amc/en/domains/decisio...d2007-1124.html) you are on a very sticky wicket and should look to resolve the matter without it going to court as you would, in all probability, lose having to pay costs and transfer the domain name.

hmmm....sure you don't work for them...?! sounds like it!
So what you are saying is that Gaydar.co.uk despite not owning the domain name has exclusive rights to the word GAYDAR in any dating website. Sounds dodgy to me

There's lots of features on the internet regarding trademark law and domain names, take a look at

http://www.website-law.co.uk/blog/trade-ma...k-infringement/

Or simply search google for 'trademark domain name rights'

Gary