Has my domain been hijacked forever?!!

Discussion in 'Domain Names' started by grs123, Oct 1, 2006.

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  1. #1
    I have had a .com domain for about two years. My site is an internet shop and the site name is also the product name which has become well known. I have just found out that someone has registered the .co.uk variation with the same name and has all adsense sponsored links on there.

    my questions are:

    1. Would I be able to challenge the person to remove the name or at least state that they are not associated with us in any way. I'm worried as a few customers have brought through the sponsored link thinking they were buying one of our products only to realise they had brought from elsewhere when they needed after sales support!

    2. Should I leave it and not challenge it to the fact that I was silly not to sign it up in the first place?

    3. legally do I have a leg to stand on if I challenge his use of the name - taking into consideration I have not registered the trademark, although it is well known that the product is associated with our company as we are the only importers of that product & name in the UK?

    Thank you in advance for taking the time to read this & replies will be appreciated.
     
    grs123, Oct 1, 2006 IP
  2. ideas_man

    ideas_man Active Member

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    #2
    Unfortunately you don't have a leg to stand on.If it were a registered trademark and you were the trademark owner then you could open a dispute (at your expense) to get the domain moved to you.

    Since you are no more entitled to the domain than the current registrant, then there is not a lot you can do in terms of fighting for the domain.

    You could perhaps try reasoning with the current user and maybe put in an offer to buy the domain.However, if this is rejected then it looks like you'll have to wait and see if it expires and try to jump on it.

    Out of interest and since it is already registered, what is the domain?

    Hope this helps.
     
    ideas_man, Oct 1, 2006 IP
  3. grs123

    grs123 Member

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    #3
    Would tell you but then it would be hard to remain anonynous :D

    thanks for your advise thou
     
    grs123, Oct 2, 2006 IP
  4. Dave Zan

    Dave Zan Well-Known Member

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    #4
    No, a trademark doesn't have to be registered. Trademarks arise from usage,
    although having a registered one gives more benefits otherwise not bestowed
    on those who don't have a "formal" registration.

    There are several cases of such. But the tricky part is demonstrating that a
    trademark right has been established from long continued usage in a specific
    field.

    IANAL, BTW. But here are some links to help out:

    http://keytlaw.com/urls/urllaw.htm

    http://chillingeffects.org/domain/

    grs123, you might have to seek legal advice for this. Only an attorney can see
    if you have managed to establish trademark rights to the term/s and give you
    specifics.
     
    Dave Zan, Oct 2, 2006 IP
  5. grs123

    grs123 Member

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    #5
    Thanks for your advise Dave, I only have one major problem now, looked on Who is & it only has the guys email - which is a yahoo one & no contact details - looks like this was done on purpose to take advantage. I have emailed him but no responce as yet...
     
    grs123, Oct 3, 2006 IP