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Domain legal issue

Discussion in 'Legal Issues' started by phpsolution, May 22, 2012.

  1. #1
    i have one domain name like domainclone.com

    so one domain is ABC.COM AND I HAVE ABCCLONE.COM

    NOW I GOT ONE LAWYER NOTICE. WHAT SHOULD I DO ?

    WHAT IS ACTUAL METHOD TO GET MY DOMAIN NAME ?
    SEMrush
    THEY CAN CREATE COMPLAIN AT http://www.icann.org ? THAT'S SERIOUSNESS ?
     
    phpsolution, May 22, 2012 IP
    SEMrush
  2. rahu_l_

    rahu_l_ Well-Known Member

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    #2
    This is serious...the safe method to get out of this is , just give your registered domain to them..
     
    rahu_l_, May 23, 2012 IP
  3. Michelle Tanaka

    Michelle Tanaka Peon

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    #3
    You are infringing copyright.

    Just give it to them.
     
    Michelle Tanaka, May 23, 2012 IP
  4. aniejomes

    aniejomes Peon

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    #4
    The domain name you use is already registered,so you have to get it to the owner. and yes..it is a matter of concern because they will punish. Its a cyber crime.
     
    aniejomes, May 23, 2012 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #5
    It's as serious as how you're treating this. As you found out by now, someone could
    file a dispute if your domain allegedly infringes their trademark.

    One way to resolve that, especially where parties are in different parts of the world,
    is to file a dispute under ICANN. Another is to file a lawsuit, depending on where the
    complainant is.

    If you really want to know where and how things stand, you best find a lawyer with
    real-world experience in this. They're the only one who can accurately tell you what
    to do, and not some unknown forum member who knows little to nothing about your
    actual situation.

    I'll say this, though: if you registered that domain to "ride" on that other party's TM
    or popularity, especially if it can be associated with them, then...you're in trouble.
     
    Dave Zan, May 23, 2012 IP
  6. masm50

    masm50 Well-Known Member

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    #6
    Does the website contacting you have a registered trade mark for their name/domain in your country or the US (as it is a .com)?
    Does your website play off and extract value off the back of their name?
    Does your website offer services or goods, and are they of a similar type to those offered by the company contacting you?
    Did you buy the domain *because* it was similar to theirs? Or is the name a coincidence?
    Is the name based on a dictionary word or commons phrase?

    Basically - there are a lot of factors to look at in such disputes. Yes they can take the case to ICANN to decide the fate of your domain, but who wins is determined by a number of factors. To be honest, you know if you're cybersquatting - and if you are then you should give up the domain now and save yourself the hassle and cost. If the similar names are a coincidence and you feel their claims are unwarranted then get in touch with a lawyer.
     
    masm50, May 25, 2012 IP
  7. browntwn

    browntwn Illustrious Member

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    #7
    He has the tm followed by the word "clone". I think that pretty much answers most of your questions. :)
     
    browntwn, May 25, 2012 IP
  8. phpsolution

    phpsolution Active Member

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    #8
    Yes. they are contact us .
     
    phpsolution, May 25, 2012 IP
  9. rahuldas14

    rahuldas14 Well-Known Member

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    #9
    Well there are the following things you need to consider:

    1. When did you register the domain name? If you registered after they were out open in the market then chances are there that you are on the wrong side.
    [out open doesnt mean online... even if they were not online its an infringement of their rights)

    2. The purpose: Your motive behind this also needs to be seen. If your website contains something which conflicts their business then you are again on the wrong side.

    Generally deriving names like what you did from existing brand names is a crime. So unless and until you have a strong cause its better that you settle it with the original owners. It also depends on the law of the land. You must check out the laws of your country.

    If your country's law clear you then also you are not safe as the law of the country from where the original owner belongs can also cause you trouble. Jurisdiction over online issues is really a controversial issue.

    Its better that you try to settle it by discussion.
     
    rahuldas14, May 26, 2012 IP
  10. phpsolution

    phpsolution Active Member

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    #10
    Hello

    I buy clone domain to sell same software to other people. For example there is one website called forum.digitalpoint.com and now some people want to start like this website. so i create one website : digitalpointclone.com and people can buy same website and start own that only revision.

    thank you
     
    phpsolution, May 26, 2012 IP
  11. browntwn

    browntwn Illustrious Member

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    #11

    Yes, and that is what makes it a near textbook example of a trademark violation.
     
    browntwn, May 26, 2012 IP
  12. Dave Zan

    Dave Zan Well-Known Member

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    #12
    Definitely in trouble.

    I'd give that up if I were you. But...your call.
     
    Dave Zan, May 27, 2012 IP
  13. Laurens xtra

    Laurens xtra Member

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    #13
    hello, I know of a similar scenario.

    There is a big company abc with website abc.com in USA

    Then a guy who lives in in Tuvalu goes and registers abc.tv then parks it, hoping to sell it someday to abc.

    What are the chances for the small guy in Tuvalu?
     
    Laurens xtra, May 28, 2012 IP
  14. MrKeh

    MrKeh Peon

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    #14
    Yup if your making clones of websites and selling them then you are just asking for trouble. Don't wanna mess with lawyers so I'd just take it down.
     
    MrKeh, May 28, 2012 IP
  15. sarahk

    sarahk iTamer Staff

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    #15
    If the company has any sense they'll bypass the hijacked domain. They have the marketing budget to do it too. Any wannabe site will standout when users visit it and they'll quickly resort to a search engine which will give usable results.

    Case Study: Air New Zealand is the national airline of my country. They have a discount flight service which they've called "Grab a seat". Their regular domain name is airnewzealand.co.nz but they have the marketing clout to make a domain name which is totally unrelated to their existing business name into a household (in NZ) name.

    Case Study: Pick a current hollywood movie and look at the domain name they are using to promote it. Warner Bros go for subdomains so that they can get whatever url they want, others creatively pick domain names because as soon as the movie name is leaked others are buying up domains related to it.

    Unless you can prove that the intended purpose of your site is totally unrelated to their business you are stuffed.
     
    sarahk, May 31, 2012 IP