Question about a co.uk

[newton]

I was asked by a client (an individual, now ex client for non payment of bills) to source and register a .com domain name for him, this was over 5 years ago. He literally vanished off the map a few days after I registered this domain (which I paid for naturally expecting payment to follow, which never did). So I kept the domain in lieu of payment and automatically renewed it each year.

I have recently noticed that a company in the UK has opened a website with the exact same name, baring the extension, which is naturally .co.uk.

They have a registered UK trademark on their logo and have a limited company which was incorporated on the 26th June 2003.

They registered the .co.uk domain over 2 years ago, whereas I registered this .com over 5 years ago.

Now my question is this; can I infact write to them and offer the domain without fear of a lawsuit?

Thanks for your time and I appreciate your feedback.

 

[Kate]

IMO you should be safe.
I assume their TM was filed along with incorporation back in 2003, that is way later after you registered the domain.

Keep in mind that .co.uk is popular within UK. If they wanted your .com they could have contacted you. They never did.
It's even possible they never bothered to check if their .com was still available...
Perhaps if your offer sounds good they will buy, if they think it's too expensive they will pass on. Since they have the .co.uk they can live without the .com :imho:
I don't think they are desperate for the name.

Good luck

 

[newton]

I have been checking the stats as you raised a good point about them possibly not needing the .com, and found that I have indeed been visited by them regularly, but no offers have been received. I will keep an eye on the domain stats and possibly offer up the .com to them.

Thank you very much indeed for your candor and your well wishes.

 

[Kate]

Just out of curiosity do you have the name parked ?
Does it show up as available for sale ? If they check the name on a regular basis they might be curious about your intentions vis-à-vis the domain.

 

[newton]

Just out of curiosity do you have the name parked ?
Does it show up as available for sale ? If they check the name on a regular basis they might be curious about your intentions vis-à-vis the domain.

I have only recently put a parked page on the domain funnily enough. The domain was redirecting before, as I had completely forgotten about it, and only realised it was still in my account a little while ago.

I think it is worth sending an email to them and gauging their interest from there.

Many thanks .. rep added