I own gamingforumz.co.uk, since the domain was just being parked for a long time, and i've established a forum, that has been there for over a year. My second admin decided to branch off and make Wiidebate, and as he left, he was made aware he'd be losing any affiliation with gamingforumz. Recently he has aquired gamingforumz.com, and is using the database of wiidebate.com on it. This will be creating a site that is offering the same services etc (earning free prizes for posting) on the same niche, with the same name. Would i be able to serve a DMCA? And what other forms of action am i able to take? He has only recently developed the site, to include his database from wiidebate. Thanks in advance Grit.
A DMCA is for copyright infringement claims (he stole your actual content) not for domain name issues (trademarks). There can be severe penalties for filing a false DMCA and it doesn't sound like that is something you have cause to do. As far as trademark infringement, I don't think you have any claim - imo the name is generic and descriptive. Even if you had a claim, you would need to hire an attorney and the legal costs would be very, very expensive.
Is this your thread: http://www.gamingforumz.com/showthread.php?goto=newpost&t=1728 I think your concern is petty and pointless. Are you Jealous ? Why didn't you get the .com too ? IMO, British copyright laws suck. Anyway, I don't think you have much to worry about. Keep promoting your site. His will dominate the US market. Yours will can dominate the UK market. You will end of promoting each other anyway. Like it or not. What would you do with the .com ? Horde it ? Too late now. Why not collaborate and exchange links and beat the rest of the competition ?
Yes, better to be the better webmaster in this circumstance and just make your site the best damn site in your niche. That was a crappy thing for him to do, but there's not much you can do. Besides there are many other opportunities out there.
You should have paid the extra worth and paid for the other domain names to keep from losing customers. I'm sure there will be many who will be accidentally typing .com, because it is a common domain ending.
I dont think there is anything you can do in this situation, he bought the domain and aslong as he isnt stealing your content etc I dont think it is illegal.
You should have gone in for one of those facilities by domain providers wherein you pay in advance and they'll promptly renew your domain registration for another x number of years depending on how much you paid. There isn't anything you can do here.
Unfortunately it's a "Dog eat Dog" world and competition is a fact of doing business, I agree, you should have registered, or back ordered the other domain, especially in such a heavily saturated niche. Lesson learned. The only thing you can do is join him and dominate the niche, or out SEO him and keep him below you in the serps.
Actually the worst thing you could do is concentrate on this guy. Turn your attention to the best in the industry and try to beat them instead. Besides his website does not even look like yours...
1) Don't make threats of legal action unless you have researched your rights and are ready to respond legally. 2) Put the domain on a .co.uk with owning the .com was a mistake. It's too late now to do anything about the domain. Concentrate on branding your site, create a logo and banner which you copyright. The money and time that you spend on this guy would be better spent on increasing your web presense. It doesn't seem like the Wiidebate was too successful or he wouldn't have bothered with the gamingforumz.com
Yes I agree with Marcel, concentrate on your site and make it the best. Be the bigger man because unfortunately there isn't much you can do legally. Good luck.
Remember when Amazon came out. Everyone thought Amazon was a competitor of Barns and Nobles.... Where is Barnes and Nobles now ? lol Amazon focused on becoming a monster. And it is a Huge Monster now. Barnes and Nobles is still just a book store.
This is legal because they are two dictionary words that are not copyrighted. Therefore, hes allowed to do whatever he likes!