Domain Legal Issues

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advsign

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Well I guess that I done a poor job of domain searching. I had the idea to locate a nice com site that someone already established. Then see if the .net and .org of the same name was registered. They were not so I purchased both.

Registered and hosted both sites.


I hired someone to give me some content. Well they copied the content from the .com!!!!!

So I get a notice from the c0m to remove copied content and photo's ASAP. Well ok, took care of that issue.

Now because I am selling almost the same products on my site as they are, they do not like that. I had some Amazon links on my site for pool supplies.
So they sent me another C D letter stating to take it all down and now they want me to transfer my 2 domains to them...

They expect me just to transfer the names that I purchased.

Any ideas on this? Has anyone been though something like this?

Should I give them these domains for FREE??

Ken
 
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If the name is trademarked, then I suggest just giving it up, especially if it doesn't make much money (and even if it does you don't have much of a case considering you're in the same niche [and just admitted you got the domain name idea from them]). Just make sure the C&D is from a real law firm though- some people/companies try to be sneaky and fake it.
 
so and get some legal addvice.
They can't just ask you for the domain names for free.
I would just keep the domain names two pee them off...... so they can never buy them when they run out.
I can see you did do wrong copying there content but you toke it down so don't see the problem. Any one can sell pool supplies.
I
wouldn't give up the domain names for anyone even if there just gonna lay there doing nothing with no content
 
Does the domain deal with pool supplies? Or is it a domain related to their company name?
Also the pictures were their pictures or pictures from the pool supply manufacturer?
 
as already mentioned all depends if :
1) the have a trademark on the name you use
2) if the domain has their company name in it

if neither one fuck them and beat them ;) but if one of the above apply and the letter is from a lawyer you need to think of some other options
 
If your outside of the US you have more options. If your in the US then I would give the domain to them if it's trademarked.
 
If you are outside US, they can't touch you especially if you are in non-extradition country. C&D letter doesn't have any effect if you are outside US since it can't be enforced. US law can't touch you in non-extradition countries.

If they threaten to confiscate the domain using legal means, let just them do it. Don't spoonfed the domain to them.

However if you are in US, you need to be more cautious and ask someone expert.
 
Tell them to go fuck their selves. You don't have to give up the domain name unless it has some copyrighted name in it, for example WorldOfWarcraft.com and your domain was WarcraftHeroes.com, they can do a C&D for Copyright, BUT you DO not have to give them the domain name.
 
If their name is trademarked or service marked it doesn't matter where you live (inside or outside US), and they contact The UDRP (Uniform Domain-Name Dispute Resolution Policy) they will get their name back from you. The UDRP will force the transfer of domain. It's up to you how long you want to hold it. Be the better person, chalk it up to experience (don't copy next time) and give their domains to them. Also, if they sent you a cease and desist letter from a law firm or their own company, it doesn't matter who sent it, it hold up in the court of law.

Source: Personal Experience
 
The element of risk/benefit is what needs to be assessed here. I had a C&D last year from the UFC (Zuffa LLC), chances are they wouldn't have pushed anything considerable (such as asking for compensation for damages) since the damage I was doing was minimal and I'm not in the US, that said the campaign was worth next to nothing, so I transferred the domain to them.

Are these domains names really worth the potential stress?
 
user088 said:
If their name is trademarked or service marked it doesn't matter where you live (inside or outside US), and they contact The UDRP (Uniform Domain-Name Dispute Resolution Policy) they will get their name back from you. The UDRP will force the transfer of domain. It's up to you how long you want to hold it. Be the better person, chalk it up to experience (don't copy next time) and give their domains to them. Also, if they sent you a cease and desist letter from a law firm or their own company, it doesn't matter who sent it, it hold up in the court of law.

Source: Personal Experience
Click to expand...

Yes, they can force the transfer.
No, they can't get you outside US.

They maybe can trial it in law. But if you are outside US, it is outside US jurisdiction especially in non-extradition country.

They can label you as guilty, but they can't catch you. It is unenforceable.

An example : Country like Indonesia make copyright infringement more than anyone else. Did you know that non-original DVD are widely distributed here?
Are the buyer/seller arrested? No

If you reside in that kind of country, you are untouchable.
 
Last edited:
jensen.ol said:
Yes, they can force the transfer.
No, they can't get you outside US.

They maybe can trial it in law. But if you are outside US, it is outside US jurisdiction especially in non-extradition country.

They can label you as guilty, but they can't catch you. It is unenforceable.

An example : Country like Indonesia make copyright infringement more than anyone else. Did you know that non-original DVD are widely distributed here?
Are the buyer/seller arrested? No

If you reside in that kind of country, you are untouchable.
Click to expand...

Doesn't the US have extradition treaties with a considerable number of countries, especially developed countries e.g. Western Europe, Oceania etc.

Just took a look at "extradition laws" on Wikipedia, and this is what was said in regards to the US;

"No country in the world has an extradition treaty with all other countries; for example, the United States lacks extradition treaties with several nations, including the People's Republic of China, Namibia, the United Arab Emirates, and North Korea."

Judging by the use of "several nations, including the PRC, Namibia, UAE and North Korea", one would assume that they have extradition treaties with most countries.
 
I want to buy a domain with a brand name in it. will this be a problem for me in the future.
 
Mises said:
If the name is trademarked, then I suggest just giving it up, especially if it doesn't make much money (and even if it does you don't have much of a case considering you're in the same niche [and just admitted you got the domain name idea from them]). Just make sure the C&D is from a real law firm though- some people/companies try to be sneaky and fake it.
Click to expand...

I agree. not worth messing with trademarked domains unless you have a ton of money and don't mind wasting it on legal (lost)battles


bla bla...move on to the next project ;)
 
If they own the TM, then you really have no choice. You can fight, but you will lose. *fulltime domainer since 2003
 
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