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BrandBucket legal/ethical question?

by danielgeorge1984
3 replies
Hi,

I have come to the conclusion with a client that they need to rebrand. Their existing domain and brand are far too generic. They also have two localised versions of the same business which I think would be better unified.

Trouble is that coming up with the new brand is tough. We've had some ideas but they are invariably already in use by someone, somewhere.

I came across BrandBucket recently whilst just searching for inspiration. There is a name and accompaning .com domain on their that both myself and the client think could work. It is billed at $3,500 though - not an investment they are looking to make based on the size of the business.

I've just checked and the .co.uk version is available.

What's the standpoint legally of buying the co.uk and running with that? Given that whilst sitting on branbucket for sale it isn't effectively used by a business. Plus this is a UK business and BrandBucket is US-based.

Really interested to hear some views on this.

Thanks, Dan
#brand #brandbucket #domain #legal or ethical #question
  • Profile picture of the author Jack Gordon
    BrandBucket does not build businesses that are capable of having their intellectual property protected. There should be no issues whatsoever grabbing the co.uk, and it sounds like the right move for you.

    I would suggest getting it, but before actually using it you should negotiate hard to get the .com as well. $3500 is too much, but what about $2500 or $2000? If that seems doable, you have nothing to lose and quite a bit to gain by trying, especially with the co.uk in your back pocket.
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  • Profile picture of the author onSubie
    It is only a problem if the name is a registered trademark and in the same Industry.

    But seeing as it is simply a domain for sale and not an existing company then it is unlikely to be registered.

    In fact, if you registered the name as a trademark for your client's actual business you could probably get the domain through an ICANN complaint.

    From prior court decisions, it doesn't necessarily matter if the company didn't exist when the domain was registered. Google the legal battle over Nissan.com.
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    • Profile picture of the author gt805
      This is completely false and is the definition of Reverse Domain Name Hijacking (which will cause someone to waste $1,300-$2,000). But the current owner's ability to sell the domain will be diminished after a trademark is filed, at least to prospective buyers in the same or similar industry as the trademark.

      As shown from the icann.org site (below) all of the following criteria must be met to satisfy a UDRP complaint. Number 3 is impossible to meet in this circumstance as the current owner of the domain could not have registered the name in bad faith if you are going to claim rights as of today. Based on this it is impossible to register a trademark and then attempt to steal the domain from the current owner. This is the exact definition of Reverse Domain Name Hijacking.

      (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

      (ii) you have no rights or legitimate interests in respect of the domain name; and

      (iii) your domain name has been registered and is being used in bad faith.

      Sorry for commenting on an old thread but this came up on a google search and it propogates false information to others.
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