Domain Name Problem

Discussion in 'Legal Issues' started by Leon64, Apr 18, 2008.

  1. #1
    Well I need some help with domain names. I already own a site which has a domain name and bought .com, .org, and .info. But I did not really trademark it or anything.

    Now, some guy bought the domain name with the the extension .net and it is exactly the same as mine.

    Right now I am afraid that he could do something about us, even though we got ours first, he can ruin the business with that domain name he got.

    Example
    Mine: www.sdes.com
    His: www.sdes.net

    Is this legal for him and how can I ever get it back? Do you have any suggestions and is this like copyright infringement? Can I report this? Please help me.

    Sorry that I am a noob, but I need some help.
     
    Leon64, Apr 18, 2008 IP
  2. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #2
    There is nothing you can do unless the person uses the domain to operate the same type of business as your domains, thus infringing upon your usage. For example: There are several owners of a trademark on "myspace" each having different usage rights. Buying a domain name does not give you exclusive rights to a name.
     
    mjewel, Apr 18, 2008 IP
  3. Leon64

    Leon64 Member

    Messages:
    32
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    41
    #3
    Yes, the other person is doing exactly the same thing I am doing...
     
    Leon64, Apr 19, 2008 IP
  4. jops

    jops Active Member

    Messages:
    114
    Likes Received:
    3
    Best Answers:
    0
    Trophy Points:
    60
    #4
    There are many variables to be taken into account but a main factor to take into account is whether the domain is descriptive.

    For example, if your domain was shoes.com you wouldn't be able to stop someone running a shoe store on shoes.net

    But you wouldn't be able to set up a search engine on google.net

    Then again, even if the domain is descriptive, if he was to park the domain and your adverts showed up on his parking page, you can claim he is making money from your name.

    Thanks,
    jops
     
    jops, Apr 19, 2008 IP
  5. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #5
    You should consult an intellectual property rights attorney. A lot is going to depend on the actual name and whether or not it is possible to trademark the domain. As you don't have a registered mark, any action against the other domain is going to be expensive (thousands, or tens of thousands of dollars) and you aren't likely to be able to recover those fees.

    You should probably look into getting a Federal registration of the name if you were the first person to use the term (not just ahead of the other party), and the term is able to be trademarked. A ballpark figure is about $1,000 to do this. The entire process takes about 6 years before the mark becomes uncontestable. You must be using the mark in the intended classification before you file, so how long you have been using the mark, not how long you have owned the domains, is going to be important.
     
    mjewel, Apr 19, 2008 IP
  6. alben

    alben Peon

    Messages:
    2
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #6
    Hello, this is my DNS problem

    I own a domain name www.mywebsite.com (example)

    it works fine, but some times i get "not found" with IE6
    when i do ping www.mywebsite.com in that moment dont work either,
    when the page works , ping works also.

    But
    when i go in IE : mywebsite.com always work with explorer and ping

    so
    when i omit www, tha page always work
    now,
    i bought my DNS in one provider but I have my hosting with another provider.
    What can be the problem?
    Thanks a lot
     
    alben, May 1, 2008 IP
  7. alben

    alben Peon

    Messages:
    2
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #7
    Hello everyone,
    I own a domain name www.mysite.com (example)
    most of the time is ok but sometimes my site dont work and if i do
    ping www.mysite.com I see that is directing to a local LAN ip like 192.108.2.40 or something like that.
    at the same moment if I do it in other PC everything is OK
    so its my PC problem
    what can it be?
    thanks a lot
     
    alben, May 18, 2008 IP