Legal Question in Technology Law in

Re: Domain name dispute

You did not indicate whether the complainant had addressed his complaint to the host server of your web site as well as you, which would be a normal step in such a dispute.

If the complainant does not have a prior registered trademark it may still be able to enforce its �intellectual property rights� in its name in the UK if it could successfully claim what is known as �passing off�. This would require them to show that they had some goodwill in the name that there is some misrepresentation by you which could mislead potential customers of the claimant into thinking your web site offers goods or services of the claimant and the claimant suffers some consequent damage.

All these matters would have to be the subject of detailed legal and factual scrutiny before advice could be given as to what you should do.

In practical terms it might be necessary to agree to put the domain on �hold� until your dispute is settled by court proceedings or arbitration. During the period of dispute the name would remain in your ownership but before it was used the dispute would need to be resolved.

As a �minor�, ie under 18, I am a little unsure how you managed to register the domain name and perhaps the contract was signed on your behalf by a parent. The same would apply to instructing lawyers etc.

I would recommend as a first step that the claimant is put to proof of the rights in the name, whether based on a registration in the UK or elsewhere and/or any rights in passing off.

To give any clearer advice obviously we would need to know your web site and the claimant�s details.

RICHARD HOWARD & CO

0171 831 4511