My website PhotoshopStar.com Their website: Photoshopstar.tym.sk I'm quite sure that my website was registered and started before theirs, since their site has no PR and I also whoised the domain. But the thing here is... they have very little backlinks, no PR, but their Alexa rank is so much damn better than mine? 12000 vs 88000 Legitimate? Can I do anything about this? I have the .com, .net and the .org
Photoshop I assume is a trademark of Adobe, so if anyone has rights over the domain its probably them rather than yourself. The reason multiple TLDs exist is to allow the same term to be used in different contexts and/or countries, so unless they are intentionally trying to masquerade as you, there is probably nothing you can do about their usage of that domain.
So what's the problem? Are they copying your content? Have you registered photoshopstar as a trademark? Or is it that they have a better Alexa ranking? Just because you registered the name first doesn't mean no-one else can register the same name with a different TLD.
their Alexa rank will be for tym.sk not just for the subdomain. tym.sk is a free web host that redirects to www.ic.cz
Mmmm I guess your legal rights to the domain name would be if you had a registered business and it was called "Photo Shop Star" you'd also need to have a copyright, trademark etc. I guess..... I dunno.
Oh, I didn't realize that! I was wondering about how I could do anything about this since I haven't registered it as a trademark. Alright, thanks anyway.
First usage of a non-generic name can establish rights without a formal trademark registration - however, your website includes an adobe trademark and the usage is directly related to their classification. As your name is infringing upon a registered trademark, you would have no action against another infringer, nor would you be able to trademark it it as long as the content of your site is graphic related.
Since they're on a free host and not nearly as popular as "their" Alexa ranking would imply, I would say you've got nothing to worry about.
The only I think you should worry about is if Adobe contact you one day. You will have to take your site down.
To protect a name that isn't trademarked you need to buy up the tld's that are available or at least the more common ones such as .net .org, .info and country related ones. Stop others from getting their hands on them.
You can send a formal Cease & Desist Letter to them that might scare the hell out out them. I had one made by a lawyer for $400, helped me get a domain that I wanted with similar aspects to my own domain.
This is almost blackmail, and i would glady see you in court. Not everyone is so gullible. Bad practices you have there. You own aspects to nothing.
What makes you such an authority? He highlighted a possible way to retrieve a domain and said nothing about his own situation, many people/business' have to go down this route when all else fails. You shouldent jump on people when you dont have detailed knowledge of the situation, C&D letters are 100% legitimate in the right circumstances (although this is not one of them).