Do I have a case?

Discussion in 'Legal Issues' started by Wz Network, Mar 31, 2009.

  1. #1
    I had registered for an LLC and then the two days later I purchased the .com domain for it. Upon looking into things, I noticed the SAME DAY I purchased my LLC, someone had bought the .co.uk for my company name.

    Is there anything I can do about this?
     
    Wz Network, Mar 31, 2009 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Well, that depends on a lot of things, especially what the other person intend
    to do with the domain and what you intend to do about him.

    If you want to get that domain from that person with little to no cost, then a
    simple email saying "please give me the domain" to even filing a dispute under
    the relevant dispute resolution system (Nominet's in this case, which exactly
    isn't really little) might do. But that depends if the other person will even reply
    to you, and if you're able to satisfy whatever's required to prove your claim, if
    any.

    Otherwise, be aware that having a domain name doesn't grant you some kind
    of absolute, exclusive claim.
     
    Dave Zan, Apr 1, 2009 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    Registering an LLC gives you no trademark rights. Purchasing a domain gives you no trademark rights. Usage is what establishes rights.

    Then you have to consider the actual name and how unique it is. Generic names for their common usage cannot be protected i.e. leathershoes.com for a site that sells leather shoes. If you had not had actual content on the site when the other domain was registered, you have no claim as you have no usage of the mark.

    Even having a trademark does not give you exclusive rights to a name in most cases. A trademark protects a class, or type of usage. You must also have been the first person to use the mark for that usage.

    It would have been far less expensive to purchase any extension you wanted to protect vs. taking legal action which can be very expensive.
     
    mjewel, Apr 1, 2009 IP
  4. Wz Network

    Wz Network Peon

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    #4
    Well my worry is that he is using this domain for hosting illegal contents (nulled vBulletin, warez, etc) and I don't want my business being associated with that.
     
    Wz Network, Apr 3, 2009 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #5
    Have you verified the other party to be doing so?

    Then again, if you have any legally-enforceable right (which you currently do
    not have unless you can demonstrate, say, trademark rights) that is possibly
    being infringed, unfortunately you'll really have to talk to a lawyer or solicitor
    about this anyway.
     
    Dave Zan, Apr 4, 2009 IP
  6. amanamission

    amanamission Notable Member

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    #6
    Well, there's your answer. Contact Jelsoft.

    They'll take care of nulled Vbulletin. Same for any other warez hosted.
     
    amanamission, Apr 4, 2009 IP
  7. hostlonestar

    hostlonestar Peon

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    #7
    Depends on where its hosted, they may not be able to do much.

    As others have stated, you really don't have any legal leg to stand on on this one. It is always better to register all the domains you want to protect than try to get them through legal means.
     
    hostlonestar, Apr 4, 2009 IP
  8. Wz Network

    Wz Network Peon

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    #8
    Thank you all for your input.
     
    Wz Network, Apr 4, 2009 IP
  9. hhobid

    hhobid Guest

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    #9
    Just pay the $300 or so to register the trademark (yourdomain.com), org, net, uk, whatever then after obtaining the "name" trademark send a nice letter to the broker or owner of the domain name they took from you, if they are running a site under it, also send a letter to their webhost letting them know it had been trademarked as a "name" trademark. You must obtain legal trademark first tho. They will have to turn over the domain or not use it else face legal action for damages.
     
    hhobid, Apr 4, 2009 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    If one can demonstrate their claim, and it's not always black and white. So far
    the OP only stated they're worried their site might be confused with the other
    party's for possibly hosting illegal content.
     
    Dave Zan, Apr 5, 2009 IP
  11. hostlonestar

    hostlonestar Peon

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    #11
    Where have you seen it $300? And they will not have to turn over the domain if the domain is registered before the trademark.
     
    hostlonestar, Apr 7, 2009 IP
  12. modulecart

    modulecart Peon

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    #12
    why fight a losing battle, the person will just make a cash-cow out of you, it is not new on the internet that the domain is not the same name as your business, so I suggest just use another domain name. I know it is hard to swallow what I am saying but that is the truth. The best that you could do is to purchase a back order on the domain you are referring to, so anytime it expires, you get to steal it back. As for now, you can just make a site and post a legal note saying that "domain.com is the official business site of Acme Business LLC" to that effect. Dont even mention that domain name you lost because that is just promoting it.
     
    modulecart, Apr 8, 2009 IP