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Who legally owns this domain and website?

Discussion in 'Legal Issues' started by Highena.com, May 19, 2010.

  1. Highena.com

    Highena.com Active Member

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    #21
    I suppose it depends if ‘acquired distinctiveness’ has been reached. As the old company name was not the exact name of the domain, and the new company is.... I don't know.
     
    Highena.com, May 22, 2010 IP
  2. mjewel

    mjewel Prominent Member

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    #22
    The company name has nothing to do with whether or not the domain qualifies as a trademark. A domain name does not have to even be owned by a company to be a trademark.
     
    mjewel, May 22, 2010 IP
  3. Highena.com

    Highena.com Active Member

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    #23
    so who would own the trademark then?
     
    Highena.com, May 22, 2010 IP
  4. mjewel

    mjewel Prominent Member

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    #24
    Assuming the mark was able to be a trademark (and that is going to require an IP attorney to do research) it would be the person who first owned the operating site (unless they sold the goodwill or abandoned the mark). Trademarks are usually established without the TLD i.e. microsoft.com - "microsoft" is the trademark, microsoft.net is still trademark infringement because their rights are for "microsoft". You really need to see an attorney if you don't want to risk being sued or having charges filed against you. As I have already stated, it sounds like you purchased the domain for the other person. The fact that it is in your control does not give you legal ownership. It could be considered theft. If I have someone purchase a car for me, and they decided to register it in their name and keep it, they are going to be a world of legal trouble - even subject to criminal prosecution. Posting the details on this thread is also something you really shouldn't be doing. Everything you have posted can be used against you in a court of law. Since you have a domain name as your user name, it really isn't going to be much work for this other persons attorney to find this thread if this other party makes the connection. You have stated that you registered the domain under the name of the other parties company - how do you expect to explain why you did that if you want to say it wasn't his domain? You also posted that you have already agreed to transfer the domain to the other party - "I haven't handed it over yet. I've told him to go through the process so I can transfer." From what you have posted, it's going to impossible for you to argue this person has no rights to the domain.
     
    mjewel, May 22, 2010 IP
    Highena.com likes this.
  5. Highena.com

    Highena.com Active Member

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    #25
    And its still my intention to transfer it over, providing he sends the transfer details to me, which he hasn't he's gone silent. Going back to the original purchase when I paid for it on my card he just paid me cash afterwards, didn't even ask for an invoice. I'm wondering if this fact is now making him think twice.
     
    Highena.com, May 22, 2010 IP
  6. Serious Workers

    Serious Workers Well-Known Member

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    #26
    If the domain was registered by you and also all the contact details are yours then I don't think anyone can touch you also. You should probably ignore those nasty mails and everything as because as there was no agreement signed by you.
     
    Serious Workers, May 22, 2010 IP
  7. AndrewMKP

    AndrewMKP Active Member

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    #27
    I live in the UK, if he was serious about taking you to court, you would have already received a letter from the small claims court advising you to write your case.

    It will cost him money and time to take you to court, which he will not want to do, hence the threats etc.

    As I said before, put a WHOIS guard on the domain, blank the pages out for a few months and when ever he contacts you, tell him you have let it expire as it was too much trouble and someone else now owns it.

    Then, block his mobile numbers from calling you, by either phoning BT or your network provider saying this number is hassling you and you want it blocked, then block his email address' and eventually he will have no way to contact you, eventually he will go away.

    I speak from experience... You have nothing to worry about until you get a legal letter from the courts, even then the dispute in the UK is not between HIM as a person and YOU, it is between YOU and the dissolved Company right? Which no longer exists lol, he would have to revive the company through companies house just to file something at court with you.

    Trust me, keep a low profile and block any means he has of contacting you, eventually he will give up, so stop talking to him as a friend, because he clearly isn't anymore!
     
    AndrewMKP, May 23, 2010 IP
  8. AndrewMKP

    AndrewMKP Active Member

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    #28
    Just to add, the its the company, not him, the company that supposedly brought it off you, let the company provide the paperwork, otherwise just deny all knowledge etc.
     
    AndrewMKP, May 23, 2010 IP
  9. Highena.com

    Highena.com Active Member

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    #29
    It was registered by me and with my credit card, but it does have the old company's name and address (which is completely different to the new name and adress).
     
    Last edited: May 23, 2010
    Highena.com, May 23, 2010 IP
  10. Highena.com

    Highena.com Active Member

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    #30
    Cheers Andrew, its good to get advice from somebody from the UK and one who has been through something similar. I know that the guy has a close friend who is a barrister, and over the past few days they have gone very quiet, it's gone from serious threats to complete silence ever since I've asked for domain transfer details. So I'm wondering if he's been advised that he doesn't have much of a case, especially as he can't produce any documentation to prove he's the legal owner.
     
    Highena.com, May 23, 2010 IP
  11. AndrewMKP

    AndrewMKP Active Member

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    #31
    Thats OK, Rep + =)

    And remember that although Mjewel makes some good points he is speaking from the US and not the UK.

    All you need to say is, this dispute is between me and (old Company name) and not you the individual, when I am contacted by the company, fomally asking me to transfer it and they provide documentation showing that it belongs to them, I will transfer the domain, however until that happens, as I strongly believe, the domain belongs to me.

    Good luck!
     
    AndrewMKP, May 23, 2010 IP
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  12. Highena.com

    Highena.com Active Member

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    #32
    Added :)

    I'll wait and see what his next move is. Keep you posted.
     
    Highena.com, May 23, 2010 IP
  13. AceHigh

    AceHigh Peon

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    #33
    You could just transfer the domain into your name or your companys name, whois protect it and that is pretty much that. His old company would have to bring legal action, and obviously its no longer a company. But what it really boils down to is if there is a written agreement. No agreement and he has no claim to ownership and is otherwise just blowing smoke up your ***. :)
     
    AceHigh, May 25, 2010 IP