bein fined for website name

ABERDEEN_2

Mojisola wrote: »

It sounds unlikely that the company would be able to prove any losses to them.

Also, if your website name was something like "silentnightantisnoring.com", people would realise as soon as they clicked on your site that you weren't selling beds or mattresses.

Do watch the price of legal advice but I wouldn't hand over £500 without getting a legal opinion.

It was "notsosilentnight" and I was selling "adult toys"

Mojisola

ABERDEEN wrote: »

It was "notsosilentnight" and I was selling "adult toys"

:rotfl::rotfl::rotfl: Even less chance of being mixed up with the other company then!

Uncertain

ABERDEEN wrote: »

It was "notsosilentnight" and I was selling "adult toys"

You could have some serious fun at their expense selling the story to one of the tabloids!

SAHD_Jim

Surely the "products and services" were completely different so not sure how they can claim damages? Will they also be threatening carol websites that have a page with the lyrics to "Silent Night"?

Are you sure this is really Silent Night or simply someone simply trying to get £500 out of you? Just seems quite odd to me.

Naf

They can't have a monopoly on either of those words being used, nor on Silent Night (or are they gonna sue the lot of us next week).
I don't think they will get far, as their trademark is the two words strung together as Silentnight. Yes, you did this: but in a website address you can't have any spaces. It's very clear your website was not set as competition, nor was it bad mouthing them. I think they'd need to show your use of the two words was intended to refer to them or their product in some way; and I don't think they could.
But I'm not a lawyer.

dacouch

ABERDEEN wrote: »

It was "notsosilentnight" and I was selling "adult toys"

In that case you should tell Silent Night where to stick it...

dacouch

Sorry for it being the DM but a similar story here http://www.dailymail.co.uk/news/article-2251595/Youre-Ritz--WERE-Ritz-London-landmark-orders-rural-minnow-change-name.html

Bearing in mind the recent Panorama program where they allege the Ritz has not paid any corporation tax for the last seventeen years, then the Northampton Ritz possibly pays more corporation tax...

Norman_Castle

If you type notsosilentnight into google it links to an annual festival. Unlikely they have been sued for damages.

DevCoder

If you are going to takedown the website then you should takedown the Facebook page as well, although as others say I think they would have a very hard time suing you.

antrobus

SAHD_Jim wrote: »

Surely the "products and services" were completely different so not sure how they can claim damages? Will they also be threatening carol websites that have a page with the lyrics to "Silent Night"?

Apart from the fact that the phrase "silent night holy night" has been trademarked by some German company for a variety of uses including clothing and circus performances, whilst there is also a Silentnight footwear operation which (as far as I can see) has nothing to do with the mattress company of that name.

However the IPO does appear to show that the Silentnight mattress lot have trademarked it (Community Trade Mark E9077769) for mattresses and beds etc, household linens etc, and toys. Presumably that would cover 'adult toys' as well?