Quite by accident I ended up viewing the above web site . Can I assume this is nothing to do with this site . possibly a co -incidence ? I was looking for castrol oils when this came up.
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According to swhois.net/
Domain Name: HONEST-JOHNS.CO.UK
Registered For: John Bunyan
Domain Registered By: WEBFUSION
Registered on 09-Mar-2000.
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Surely strictly speaking if honestjohn.co.uk was established first as HJ says, honest-johns.co.uk is what's known as "passing off" and could be challenged. Yes I know to follow it through to the bitter end could be expensive, but surely worth a heavy duty legal letter? Any BR legal eagles care to comment?
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Presumably there is nothing HJ can do if he has not patented honest-johns.co.uk or they are not being slanderous?
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I had a quick look at that site and, it would appear that he is not "passing off". To pass off, you have to benefit or attempt to benefit from another's trading name or trademark. he is not doing either. If he was advising punters about the reliability of cars or other such features as appear on this site and profiting from it, then he could be done.
I did like this bit though....
WATERPROOF SEAT COVERS
Keeps your seats like NEW!!
Reduces seat wear and tear
Saves your seats... Saves you money
More an essential than an accessory
RESISTANT TO;
MUD, DUST,PAINT, FOOD, DRINK, FARMERS, GREASE, OIL, CHILDREN, BUILDERS AND TRAVEL SICKNESS
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There are "cybersquatting" rules to do with websites.
I don't think it's a legal offence as such, but if you wilfully register the name, or a similar name, of an established business or person, to which you have no natural rights with intent to deprive ownership to that business, or to make lots of money by selling the name to them, then the domain name registration people can take it off you.
See www.theregister.co.uk/content/archive/23361.html for an example.
In HJs case, I don't think this would apply.
More at www.theregister.co.uk/content/archive/22042.html
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I found the h-js site via
www.johnsfoundit.co.uk/index-pageweb3.html#go%20to...5
by clicking on "car buying and selling" which then gives the first link as h-js rather than hj .
I wonder if johnsfoundit made an error in referrring to the other h-js site when he meant our hj?
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What about this example?
A main dealer damaged your car and/or fitted parts incorrectly and/or carried out work in an unsafe manner.
He has a website "dealernamecars.com."
You then purchase "dealername.co.uk" (i.e. very similar) and post digital photographs of the above mentioned on this site.
Would you be for the legal high jump?
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Its been done. NTHELLWORLD.com was a rant site against ntl & their customer service, complete with forum etc. Interestingly, ntl bought the site, and paid the owner good money to continue running it. But obviously with a different slant on the views. One of the electricals (Comet or Dixons) had a rant site against it, but i think were unsuccessful in getting it closed. Also a group of disaffected employees started a site against time computers, although I don't think the name was similar. There are more instances, can't think of them right now.
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So they got away with it. But was it Legal?
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Having bought out the rant site, ntl are planning to rename "nthellworld.com" soon as "nthelpworld.com".
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