Intellectual property

Discussion in 'Legal Issues' started by easyhost, Apr 7, 2009.

  1. #1
    I would like some advice to find out what i can do.

    I registered my domain easyasabc-hosting.com on 27 nov 2006 and started my web hosting business, i have slowly built up a stong client base and increased my business offerings, over the last few months i have notices a decrease in new clients etc, thinking it was due to the economic climate until while doing a google search today i found the site easyasabchosting.com (set up on 12 feb. 2009), basically the same name but without the -, which most likely is the cause of my slow business. his site looks cheap and amateurish, but this is not the point he is using my business reputaion and name to set up his business.

    what can i do to stop him?
     
    easyhost, Apr 7, 2009 IP
  2. tobycoke

    tobycoke Well-Known Member

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    #2
    Unless it is trademarked I don't believe there is anything you can do about it.
    I see that there are a few easyasabc hosting sites including one run by 123-reg.co.uk

    Name & Creation Date
    easyasabc-hosting.com 27 Nov 2006
    easyasabc-hosting.net 13 Sep 2006
    easyasabchosting.com 2009-02-11
    easyasabc.net 2007-08-08 (owned by 123-reg.co.uk)
    easy-as-abc.co.uk 2007-10-08
    easyasabc-hosting.eu June 19, 2008
    easyasabchost.com 2009-03-05
     
    tobycoke, Apr 7, 2009 IP
  3. RectangleMan

    RectangleMan Notable Member

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    #3
    Ugh..of course he can do something. Send a C&D to them from Trademark infringement. Legally they are infringing. And for the life of me I can't understand why you didn't register the non-hyphen version of your site too.
     
    RectangleMan, Apr 7, 2009 IP
  4. WandaZ

    WandaZ Peon

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    #4
    Even if you don't have a trademark registration, that does not mean that you are without avenues of relief when you are cybersquatted.

    In addition to sending a cease-and-desist letter, you can file an cybersquatting claim in federal court or a UDRP arbitration proceeding (the latter is a streamlined process).

    In order to succeed with either of these processes, you will have to establish that your common law trademark, EASYASABCHOSTING, has acquired secondary meaning through continuous use, marketing, and promotion. If you are able to establish secondary meaning, you may have a strong cybersquatting claim.

    With a UDRP action, you can only recover the domain name itself. With a federal cybersquatting action, you can recover the domain and up to $100,000 in damages per domain.
     
    WandaZ, Apr 8, 2009 IP