Someone is benefitting off my typo traffic.

Discussion in 'Domain Names' started by msking, Jul 14, 2008.

  1. #1
    I operate a mainstream ecommerce site. Someone register a typo of my domain name. Is there anything I can do to stop him, and retrieve the domain from him? My domain name is not incorporated nor is it a registered copyright or trademark.
     
    msking, Jul 14, 2008 IP
  2. axs

    axs Guest

    Best Answers:
    0
    #2
    Even if it was trademarked, I don't think you would be able to get it if it is spelled differently.
     
    axs, Jul 14, 2008 IP
  3. Whitey

    Whitey Active Member

    Messages:
    1,386
    Likes Received:
    14
    Best Answers:
    0
    Trophy Points:
    80
    #3
    Contact the registrar and see what they have to say, whatever course of action you take it ends with them :)
     
    Whitey, Jul 14, 2008 IP
  4. Paintball Guns

    Paintball Guns Active Member

    Messages:
    173
    Likes Received:
    8
    Best Answers:
    0
    Trophy Points:
    60
    #4
    If you use a unique name (not a generic term) in trade, you probably have a common law trademark on that term (in the United States at least). You might want to see a trademark attorney in your state---preferably an attorney that also works with domain names. Here is a good list of computer savvy attorneys.
     
    Paintball Guns, Jul 14, 2008 IP
  5. GreatDomainRace

    GreatDomainRace Peon

    Messages:
    129
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    0
    #5
    If it is important to you, I would get a intellectual property lawyer.
     
    GreatDomainRace, Jul 14, 2008 IP
  6. zelphics

    zelphics Active Member

    Messages:
    766
    Likes Received:
    15
    Best Answers:
    0
    Trophy Points:
    68
    #6
    You could always check the whois of the domain and send them a legal threat.

    Unless they're cyber squatting their isn't much you can legally do.
     
    zelphics, Jul 14, 2008 IP
  7. kohashi

    kohashi Well-Known Member

    Messages:
    1,198
    Likes Received:
    41
    Best Answers:
    0
    Trophy Points:
    140
    #7
    kohashi, Jul 14, 2008 IP
  8. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #8
    Google successfully acquired typo versions of their mark. So have others.

    It boils down to: a) demonstrating trademark rights to the term, and b) being
    able to show the domain name is infringing it.
     
    Dave Zan, Jul 15, 2008 IP
  9. Devana

    Devana Well-Known Member

    Messages:
    987
    Likes Received:
    12
    Best Answers:
    0
    Trophy Points:
    130
    #9
    Without trademark on it I don't think there's very much to do. You could whois him/her and send an email requesting to actually buy the domain from him/her. Attorneys will be expensive to hire, so maybe it's more affordable to just buy the domain from the owner.
     
    Devana, Jul 15, 2008 IP
  10. mozzeratti

    mozzeratti Active Member

    Messages:
    1,213
    Likes Received:
    23
    Best Answers:
    0
    Trophy Points:
    80
    #10
    I think the post I have quoted above is spot on.
    IF the domain is a unique term, you may have a trademark based on you having been the first to use that term (domainwise).

    In the case of generic terms, your best course of action might be to look into buying the domain from its current owner.
    Pursuing this as a legal issue in such a case (in a muscle sort of manner), would probably turn out to be a huge waste of time, money and other resources.

    The legal precedent for infringement lawsuits on generic terms tends not to favor the complainant.


    .
     
    mozzeratti, Jul 16, 2008 IP
  11. dcristo

    dcristo Illustrious Member

    Messages:
    19,796
    Likes Received:
    1,201
    Best Answers:
    7
    Trophy Points:
    470
    Articles:
    5
    #11
    In that case, not much you can do.
     
    dcristo, Jul 16, 2008 IP
  12. badmaash

    badmaash Peon

    Messages:
    297
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #12
    Ofcourse you can do something about it - threaten them with legal action and tell them they can keep the domain if they become an affiliate for you using that domain.

    So they end up sending you customers and you are both happy bunnies.

    However if you got deep pockets thengo and ask your solicitor.
     
    badmaash, Jul 16, 2008 IP