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ardeer
03-07-2009, 10:47 PM
Hi All,

I was on the lookout for some new domains the other night and stumbled across the above. I had a look around and found that moonpiglet is an offering of moonpig.com, more specifically it is the brand they use for their childrens range of cards.

Now, instinctively i snapped up the domain thinking there could be some money in it.

The only challenge i have is that im not sure what i am allowed to put on the domain. I obviously would be encroaching on the goodwill of Moonpig.com if i created a greeting card generator and stuck it on the domain but im wondering if anyone has any knowledge to advise if i could put a children orientated entertainment portal on the domain, with advertising, that naturally benefits from the odd mistype (people looking for www.moonpig.com or www.moonpiglet.com).

I would of course normally do this research myself but im finding it very difficult finding an intellectual property advisor close to me.

You never know, moonpig may suddenly become interested and offer me something for the domain. :)

barrybridges2
06-07-2009, 09:25 AM
The law is simple:

If you buy a domain with the intent of profiting from confusion, or if you buy a domain with the intent to sell it back to the 'more proper' owner for profit, then you are cybersquatting (there are, of course, other rules that will implicate you too, but those are the relevant ones).

So, if you put a greetings card generator there = unlikely to be seen favourable by ICANN UDRP.

A general childrens-orientated website will be fine, but check of course that Moonpig Ltd (or whoever owns it) hasn't already registered any trademarks like moonpiglet first.

am:pm graphics
06-07-2009, 10:30 AM
Good advice above..

I am suprised moonpig didn't buy this domain. Could have been a good offshoot.

Pauline

barrybridges2
06-07-2009, 11:14 AM
A friend of mine once bought www.netflix.co.uk before the US video site came over here - then sold if for 60k to them knowing they would probably spend that in legal fees fighting any domain squatting case, so there's money to be made.

Having read my post above though, I'd stress that they may own a trademark in 'Moonpiglet' which could cause you grief. I'd check with a lawyer.

ardeer
07-07-2009, 09:24 AM
hi barry

many thanks for the advice. just wanted to sound out on here before taking the venture further. Im thinking its going to have to be a trip to a larger city to get an intellectual property solicitor to help with this one :)

I suppose the hope is that they would be interested in buying the domain but as AM:PM stated, im very surprised they didnt in the first place.

Im definately thinking that if im going to use the domain, it will be a kind of entertainment portal for children so not to step on moonpig's toes.

I will keep you updated on my findings though.

Thanks again

barrybridges2
07-07-2009, 10:23 AM
If you want to have an interesting read about this sort of thing, google 'John Pepin' and have a read through some of the disputes he's been involved with - he's one of the UK's most prominent cyber-squatters (although he would deny this, of course) and his cases illustrate the rules beautifully.

A company I worked for had a .com domain but he had the .co.uk - and he rather cleverly called us 'asking if we wanted to buy it'. Incredibly clever - because had he asked us if he could sell it, it would be unlawful. Very fascinating law and as someone who studied IP, quite easy to understand for non-lawyers as it's all grounded in common sense.

I would put a basic holding page at moonpiglet.co.uk, speak to a lawyer, then ask them if they want to buy it (but don't ask them if you can sell it to them!)

ardeer
07-07-2009, 08:30 PM
Hi Barry

Many thanks for the advice again, i really appreciate it.

Think ive found a decent IP lawyer to go over it with, which is good as im eager to start creating the holding page :)

Thanks Again