In late March 2015, Nominet Expert and Waterfront partner Matthew Harris gave a decision in a case involving the domain name <boattripscardiff.co.uk>. The case was unusual in that although Matthew concluded that the Complainant had no trade mark rights in the term “boat trips Cardiff”, he still held the registration to be abusive and ordered that the domain name be handed over to the Complainant.
The decision was picked up by the BBC here.
Although most users of your website will not read your terms, this is an important part of your business. Having to argue in court is expensive, so a little investment to avert the risk is a pragmatic approach. This article highlights some of the most common points which your terms should cover so that the risks explained below do not crystallise.