Is domain stealing illegal?

Discussion in 'Legal Issues' started by lachlandv, Dec 6, 2009.

  1. Warll

    Warll Peon

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    #21
    No one is going to pay worthwhile money for a domain that posses no risk, as well if it really is a important domain they will be able to jsut take it away via the courts. Read up about mikerowesoft.com
     
    Warll, Dec 6, 2009 IP
  2. samkak

    samkak Active Member

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    #22
    i think it is illegal
     
    samkak, Dec 6, 2009 IP
  3. sean3

    sean3 Well-Known Member

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    #23
    sean3, Dec 6, 2009 IP
  4. sohailanwar

    sohailanwar Peon

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    #24
    Ethically its not correct.
     
    sohailanwar, Dec 7, 2009 IP
  5. grman

    grman Peon

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    #25
    ethically, it is not right and i have seen owners of those domains saying the funniest excuses when they been asked.

    example: A Greek person, registered the name of an upcoming Greek singer shortly after her first success. Later, he excused by saying his cat had the same name with the singer and he registered the domain name

    but according to law (as far as i know), you are free to register any domain available with respect to it is trademark if it contains any.

    example: if you register the domain name blahmagazine but in the same time, the blahmagazine is a magazine trademark, you are not allowed to put magazine content but you are free to put electronics.
     
    grman, Dec 7, 2009 IP
  6. rmvalues

    rmvalues Well-Known Member

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    #26
    it's not illegal, but you break their copyright.
    if the company/trademark would like to have a domain name, they can easily file a complaint to ICANN and get back the domain for FREE, and you will lose everything.
    Best luck
     
    rmvalues, Dec 7, 2009 IP
  7. gvannorman

    gvannorman Well-Known Member

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    #27
    Well this debate seems to be going back and forth.

    Read this

    In Virtual Works, Inc. v. Volkswagen of America, Inc. (a dispute over the domain vw.net), the Fourth Circuit Court of Appeals created a common law requirement that the cybersquatter exhibit a bad faith intent in order to confer liability. This means that domain names bearing close resemblance to trademarked names are not per se impermissible. Rather, the domain name must have been registered with the bad faith intent to later sell it to the trademark holder. This "bad faith" concept is reiterated in 15 U.S.C. § 1125 and U.S.C. § 1129.

    It is only illegal if you have the "bad faith" intent!
     
    gvannorman, Dec 7, 2009 IP
  8. Raymond.C

    Raymond.C Peon

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    #28
    If I was me I would complain. Domain steal it and wait for like 2 months, the domain should go dead and people and stalkers are gone ;)
     
    Raymond.C, Dec 7, 2009 IP
  9. sonymoney

    sonymoney Guest

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    #29
    Ethically? Then why do they have lot of extensions. If someone dont want others to buy the domain with other extension they have to completely buy it. There is nothing wrong in it.
     
    sonymoney, Dec 7, 2009 IP
  10. lachlandv

    lachlandv Peon

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    #30
    Well yea i guess i do have bad faith intent-to sell it back to them for an unreasonable amount
    so is that illegal?
     
    lachlandv, Dec 7, 2009 IP
  11. BadBoyzStudioZ

    BadBoyzStudioZ Peon

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    #31
    It depends. If the trademark is real, they can get you to cease and desist. Most "trademarks" are just in your mind. There is a legal process to attain a real trademark and most people can't afford it.

    As far a cyber-squatting? That can cause you issues. But let's just say that most "real" companies that trademark anything cover the bases and your attempts would be fruitless. I work for a company that trademarks everything they do. You would be hard pressed to find any domain names available that even come close to these trademarks. They are around, if you misspell the names I guess.
     
    BadBoyzStudioZ, Dec 7, 2009 IP
  12. gvannorman

    gvannorman Well-Known Member

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    #32
    Yes that would be considered bad faith.

    So it would be illegal.
     
    gvannorman, Dec 7, 2009 IP
  13. br3adman

    br3adman Active Member

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    #33
    If the domain is ava to be bought I don't see why It could be
     
    br3adman, Dec 7, 2009 IP
  14. Joshuam08

    Joshuam08 Member

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    #34
    I would say that if the site owner really didn't want someone to take a similar domain, they should register it themselves, but that's just my opinion. I would say it would only be illegal if the site was trademarked/registered as a business.
     
    Joshuam08, Dec 7, 2009 IP
  15. fairtrad3

    fairtrad3 Peon

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    #35
    I think what you mean is registering a miss-spelled trademark domain name. This is the topic that I found intresting before. I imagined someone could make easy money by registering a miss-spelled domain name and sell it to intrested parties. I soon found out the reality, that it is against the law and rarely does one can really sell it. Because if there is a dispute and the owner of the trademark wants to claim it, then by court order the owner have the right to own it.
     
    fairtrad3, Dec 8, 2009 IP
  16. chandan123

    chandan123 Prominent Member

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    #36
    if trademart is a company name with a TM then its illegal and risk.

    but if they are generic words then its fine :)
     
    chandan123, Dec 8, 2009 IP
  17. Dan_Sheen

    Dan_Sheen Member

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    #37
    Yes it is illegal, make sure you check out what kind of company it is, and if its copyrighted before you buy it.
     
    Dan_Sheen, Dec 8, 2009 IP
  18. venturefox

    venturefox Notable Member

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    #38
    It amazing the amount of varying advice to be found on the legal forum, much of which is wrong. Put it this way, if you buy a domain that conflicts with someone elses interests and they have more resources than you, you lose. So, anyone who's really taken the time out to go register a trademark will likely spend time defending it. Even if they don't have a trademark they may find other ways to take it off you. I certainly wouldn't bother big brand names like ebay, amazon, etc.
     
    venturefox, Dec 8, 2009 IP
  19. lachlandv

    lachlandv Peon

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    #39
    i agree venture although the name is not trade marked the bigger companies always seem to win
    and yes the advice in here varies from similar to opposite so its hard to pick an answer to stick with but you mentioned eBay and Amazon but it seems everyone has to have there hands on a google typo domain such as googlt.com etc.
     
    lachlandv, Dec 8, 2009 IP
  20. Misa_Misa

    Misa_Misa Well-Known Member

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    #40
    So, turns up to be illegal after all? :D

    LOL :)
     
    Misa_Misa, Dec 8, 2009 IP