Lo all... I just got this.. Are they allowed to do this? What are my options?
"Please allow me to primarily introduce myself, My name is ***** ******* and I am emailing as a result of your creamed.co.uk domain name.

At present, we are in the process of registering Creamed Ltd as a valid UK company name. Under current UK law the registration of a company name by companies house ltd UK, Provides the registrant with all rights to the use of the company name.

Therefore, once registration is complete we are to be creating our own online presence for Creamed Ltd. However, your current unregistered company is in posession of the Creamed Domain Name, which once registered, Our Company Creamed Ltd will have legal rights to under UK law. All uses of the name Creamed will be under our control.

Therefore, we ask that the domain name creamed.co.uk be transferred when necessary to our control. We will of course refund all domain registration costs. Obviously we wish to avoid the costs of legal proceedings therefore ask for your co-operation.

I look forward to hearing from you soon. Very sorry for any inconvenience on this matter."

Shall I sell it to em? :)
Shall I spend £50 and register Creamed LTD before em? :)
sorry for the long post
( Hugo_Rune, Mon 18 Nov, 16:51)

register
creamed.com as well.
( stouffer, Mon 18 Nov, 16:54, )

oooo do this,
put lots of porn content on creamed.co.uk

why?

because when companies share a similar web domain name as a porn site, this can lead to "poor product distinction". ie people type your company name into google, and see a load of facial shots.

in these circumstances, you are much more likely to get a healthy cash payout for your domain name in an attempt to keep their branding clean.
(Dr Nick Riviera, Mon 18 Nov, 17:11, )

Dunno
sounds like creamed is going to be a porno site anyway :-) they might thank him for free advertising
( curry monster, Mon 18 Nov, 17:13, )

Not a good idea
you can lose the domain if its detrimental to a company's image...

(see my post below)
( thirdman, Mon 18 Nov, 17:18, )

you mean hosting porn revokes your rights?
Surely there is a court case for the Human rights lot in there, as that is a very clear cut case of discrimination.

Incidentally, been thinking about lawsuits a bit. I know it says ciggy's arent good for you on the packet, but it has never said they are addictive. Seen as Ive managed to kick most other habits, do you think Ive got a chance of kicking of a lawsuit against fag manufacturers/the government?
(Dr Nick Riviera, Mon 18 Nov, 17:27, )

are you saying
they should advertise cigs in the same way as pringles?
( stouffer, Mon 18 Nov, 17:40, )

Join one of the
class action suits in the US...
( thirdman, Mon 18 Nov, 17:41, )

important
you should consider letting your ISP know that someone is after your domain, as sometimes they attempt to proceed as if the domain has been legal transfered and ISPs have been know to just release it without checking properly and it will be a massive pain to get it back.
( aubergene, Mon 18 Nov, 17:17, )

hmm
1. PUT CONTENT UP ON THAT SIDE
2. if you want to go for the LTD, do so
3. Tell them to get a good offer for the name, this sounds to me like a wee bit of blackmail from their side.
(aHandInTheBush, Mon 18 Nov, 16:54, )

Edited...
Because the reply below is far more succint :)
(Collatallie Sisters, Mon 18 Nov, 16:59, )

he has
had content up on it for years,,,,

tell them to go suck their own cocks.
(doktored, Mon 18 Nov, 17:21, )

don't think they can
you got the name before they formed the company so tough shit, plus if they want the name they should pay you a damn sight more than juust your costs!
( thebear, Mon 18 Nov, 16:54, )

You can't register the .ltd.uk
unless you own the company in question, I think. But I don't think they can do anything about you owning the .co.uk, as you registered it first, and before they were a company.
Tell 'em it cost you £5,000 to register it or something.
( tomsk, Mon 18 Nov, 16:55, )

I meant actually register the company before them :)
I didnt think that they can automatically take the domain from me either...
Actually it cost me £28,000 to set up. Yes indeedy. :)
( Hugo_Rune, Mon 18 Nov, 16:58, Delete, Edit, )

Yes. Yesyesyes.
Register the company now. £110 if you go to the right place, and it'll serve em right for being such snotty arseholes. Then you ould offer them the whole package at a knock down price of £40K...
( tomsk, Mon 18 Nov, 17:00, )

yep
I don't believe they can do this. Tell 'em to sod off or get their wallets out. Ask internic and companies house about the matter, and let them know you're doing it.
( izb, Mon 18 Nov, 17:01, )

that had better be right
i don't want someone starting up a paintmash LTD just to screw me

it sounds like mindpiss hugo, tell em to stump up
( bananaman, Mon 18 Nov, 17:05, )

ask for lots of money
if they refuse, then tell tham they can't have it.

[edit]your not causing any confusion or making any defamatory remarks about their product, so i say give them hell.
( thor_sonofodin, Mon 18 Nov, 16:56, )

well, they've got no legal right to evict you have they?
make the buggers pay. or you could pop down to companies house and register their company name first...
( new_matt, Mon 18 Nov, 16:56, )

Hmmm..
It is a tricky one.
Basically if you are just sitting on the domain name- you are going to get it pulled from under you.
However- if you put up a website on that domain and do something sort of useful with it.. Well. It is all yours.
Ask them for a copy of the specific law regarding the domain. See what they do then....
Otherwise then yes, they can just pay you the admin costs and it is theirs.
( Razor, Mon 18 Nov, 16:58, )

I do have a site there,
but it redirects to different servers (design4online) as I can do better things there...
So the creamed.co.uk does do something...
( Hugo_Rune, Mon 18 Nov, 16:59, Delete, Edit, )

Yeah
they can fook off then.
They want a war? They can have a WAR!

*edit*
Course- It could be a complete blag, someone who has a product lined up but has done fook all with it and just needs the domain name to get traffic moving through to products.
Just rattling the sabre but no backup.
( Razor, Mon 18 Nov, 17:03, )

the key point though
is that they haven't actually registered the company yet. twats.
( izb, Mon 18 Nov, 17:04, )

No strictly true
they're only entitled to creamed.ltd.uk, they can only have creamed.co.uk taken off you if what you have on there is detremental to their company image.

We had a big long domain battle with a squatter who had registered our company name but couldn't do anything until he used it to host porn...
( thirdman, Mon 18 Nov, 16:59, )

Really!
Nice... And YAY.
If they want it, then they will have to pay me for it.
i wouldnt mind some cash for me trip to Canada :)
( Hugo_Rune, Mon 18 Nov, 17:01, Delete, Edit, )

its a bluff,
I just checked with my legal bod here, and he says unless they can prove you took that domain out in "bad faith" they aint got a leg to stand on.

Apparently, the fear is a good wat of not having to pay stacks of money to people who's domain name you want.

Suggest it will cost them 5 grand to have the domain name of you.
(Dr Nick Riviera, Mon 18 Nov, 16:59, )

Tell 'em to fuck off
then make the site entirely about your battle to keep the name, posting all correspondence etc. as you go along...
(Mattyboy, Mon 18 Nov, 17:00, )

as creamed is a word from the dictionary
Tell them to think of a better company name if they want to have a web presence.
As you have the domain and they are yet to register their company name with companies house, they really don't have a right to the name.
I think they might be trying to roll you over, offer to sell it to them for a decent figure, or even better register Creamed Ltd and offer to sell that to them.
(Pootle, Mon 18 Nov, 17:00, )

yep
first rule of thinking up a company name: 'is it registered on the web yet?'
( izb, Mon 18 Nov, 17:05, )

Nah
first rule - is it a swearword in a foreign language...

eg: Schit tissues
( thirdman, Mon 18 Nov, 17:20, )

don't sell it
and tell them it's their fault for lying in their e-mail to you about what the law is.
( monkeon, Mon 18 Nov, 17:01, )

Yup I like this option,
and tell them to consult their solicitor next time they send threatening emails.

Then tell them my dad's a solicitor.
( Amerella, Mon 18 Nov, 17:42, )

i have emailed
a friend of mine and asked them about this, will let you know when i get a response

EDIT: RESPONSE FROM FFRIEND
basically, if it's a new comapnay they have stuff all rights UNLESS any of the following apply:

- they were a business trading under the creamed name for years and years, so they have goodwill; or
- they were a different name, but have registered trade marks for creamed before your person registered the .co.uk.
( raw-edge, Mon 18 Nov, 17:01, )

ta :)
greg AT design4online DOT com
( Hugo_Rune, Mon 18 Nov, 17:02, Delete, Edit, )

You got it before
they formed the company. They've got very little leverage, especially if you're using the name for something. Remind them that their rights are strictly limited unless you're attempting to "pass-off" (ie. pretend you're them and so confuse customers).
( bob the dinosaur, Mon 18 Nov, 17:02, )

This looks interesting
tell them that you are a business and you've been selling royal jelly and queen's milky wee cream for over 10 years and if they want the domain name they'll have to pay you 10 grand, 1 for each year.
( Professor_Fnord, Mon 18 Nov, 17:02, )

I've just looked on Companies House
and it's not registered yet so BUY, BUY, BUY!
(afrayed, Mon 18 Nov, 17:06, )

But...
if you were to do that, it's possible that they will register a different company name instead, thereby negating the possible financial advantage of owning the domain name...
It's what I would do
(Lurkin_Cam, Mon 18 Nov, 17:14, )

But Creamed sounds cool!
Better than Cheesed.
(afrayed, Mon 18 Nov, 17:17, )

But not quite as good
as Buttered.
( bovine, Mon 18 Nov, 17:19, )

and maybe
milked isn't the kind of image they want for their spanky new company...
(Lurkin_Cam, Mon 18 Nov, 17:28, )

Does anyone mind if I stick this thread up on creamed.co.uk?
That'd be fun :)
( Hugo_Rune, Mon 18 Nov, 17:06, Delete, Edit, )

titter
well they might not believe that it cost you 28 grand to set up.
( dutchbird, Mon 18 Nov, 17:12, )

Id say that its essential
=)
Its prolly been said, but they're talking rubbish. They MIGHT have a case if you weren't actually using the domain name to host a site annd they MIGHT have a case if their company existed before you registered it, otherwise i suspect they are trying to scare you into giving it to them.
( Devious, Mon 18 Nov, 17:13, )

no wonder they're after your domain
creamed.com is an up and running hard-core porn site!!! I doubt very much whether they would be able to prise that domain name out of the owner's hands
(harrypsauce, Mon 18 Nov, 17:11, )

Tell that you are registering Creamed UK as your
own company name and offer a legal "Cease and Desist" order on their use of the name

or

Tell them that as you are an american citizen, the british trade laws do not apply to you.

or

Tell them to their chances in court
(flangecakes, Mon 18 Nov, 17:12, )

Why would anyone
...tell you about "Creamed Ltd" *before* they registered it as a company name?

Sounds like total BS to me - I think they just want the domain name and there isn't even going to be a company.

I checked on Companies House - there's no Creamed Limited registered. I really do think it's bullshit. But do put content up on the site though.
( itwontbeeasy, Mon 18 Nov, 17:13, )

sounds like
the time we got a load of emails from companies telling us all about the .biz domains - we were told that anyone would be able to register it and pass themselves as off as us. They told us that already had an offer of a couple of grand and that unless we bid more we'd lose the domain.

utter crap, of course, no-one's even registered the domain - and that's from about a year ago
( dutchbird, Mon 18 Nov, 17:30, )

I'm an
international expert on exactly this kind of thing. I have consulted collegues from here and the states and they all agree that you should sting the cheeky cunts. Also, they reckon possesion is 11/16ths of something important, so be carefull - OK!
(cosmosmallpiece, Mon 18 Nov, 17:18, )

I run a company
called Rocket Visuals Ltd - we have the domain rocket.co.uk

I got a phonecall a few months back from a company called the 'Domain Verification Bureau' who told me that someone was trying to register rocketvisuals.co.uk (which I didn't have at the time) and did I want it, for a cost of £200 for 10 years. They told me that because I had the registered company name, that I was allowed 'first option' on the name, but if I didn't register it there and then on the phone, it would go to this 'other' party who had tried to register it.

The story was more complicated than that and involved mentions of Nominet (who were most unimpressed by this company). Needless to say I registered the domain myself while they were still on the phone and promptly reported them to Trading Standards.

It was just a scam - they were cross referencing Yell or Companies house with whois searches to find companies who hadn't registered their own domain, and tried to sell it to them at a greatly inflated price.

This sounds very similar...
(diyjoe, Mon 18 Nov, 17:19, )

Easiest way to put content on
Is to upload a masked redirection... I can email you the code if you like.
(godspants, Mon 18 Nov, 17:27, )

heheh
I'll put something up (other than the existing redirect) this evening :)
( Hugo_Rune, Mon 18 Nov, 17:29, Delete, Edit, )

He's trying it on!
"Our Company Creamed Ltd will have legal rights to [creamed.co.uk] under UK law. All uses of the name Creamed will be under our control."

This is completely wrong. Registering a company has no interaction with domain name registration.

You should not try to pass yourself off as Creamed Ltd for which he may hold or be applying for a trademark (a completely different subject), but I can see no evidence of this on your website.

Yours is a genuine site, rather than "cybersquatting", however I agree that having content on creamed.co.uk itself rather than a redirect might help.

He could be confusing company name registration with domain name registration, but maybe I am being too charitable. The only element of truth I can see is that you cannot now register a company called Creamed Ltd, because he was first on that count.

This is from Nominet's dispute resolution guide www.nominet.net/drs/basic-guide.pdf. I would give it a good read and explain to him that his argument is nonsense, and to go away and/or make a proper offer, in as nice a way as possible.

"When sending a written submission to the DRS the Complainant [him] must ensure that it meets both of the following criteria for their complaint to be upheld:

They can prove that they have rights in the name used in the Domain Name.

The Domain Name, in the hands of the Registrant [you], is an abusive registration. An abusive registration means a Domain Name which either was registered, acquired or has been used in a manner which took unfair advantage of or was unfairly detrimental to the Complainant’s rights."

Nominet's system may not be the law but it is very similar to the procedure followed in the big domain dispute cases. The big guy with the lawyers does not always win in these cases.

Good Luck
(r38095, Mon 18 Nov, 17:30, )

Just a thought...
Rather than put content in creamed.co.uk directly and lose the convenience of a redirect you could get the page at creamed.co.uk/ to open www.design4online.com/blog/index.asp in a frame. That way the address line will remain creamed.co.uk. and you will have the same functionality.
(r38095, Mon 18 Nov, 17:33, )

Bugger!
I was gonna say that.
(cosmosmallpiece, Mon 18 Nov, 17:36, )

How about...
...we start a new fund to register Creamed Ltd? Since they haven't got it registered yet...
Should only take 100 GBP max - I'd be in for a tenner.
( bongobongo, Mon 18 Nov, 17:44, )