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Domain Legal Issues

Discussion in 'Domain Names & Parking' started by advsign, Jul 13, 2011.

  1. advsign

    advsign Newbie

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    Occupation:
    Chemical Engineer
    Location:
    Yangzhou, China but now Doha, Qatar
    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
     
  2. Mises

    Mises Junior Member

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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.
     
  3. shadow1200

    shadow1200 Junior Member

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    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
     
  4. seowres

    seowres Registered Member

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    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?
     
  5. OpticPrime

    OpticPrime Newbie

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    Occupation:
    I am a college student and internet marketer.
    Location:
    I am from Los Angeles, California, United States.
    Imagine modifying the C&D and sending it back to them. LOL!
     
  6. neu009

    neu009 Jr. VIP Jr. VIP Premium Member

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    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
     
  7. seowres

    seowres Registered Member

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    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.
     
  8. Regret

    Regret Newbie

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    Consider selling the domains to one of their competitors!
     
  9. jensen.ol

    jensen.ol Jr. VIP Jr. VIP Premium Member

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    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.
     
  10. r00tk3y

    r00tk3y BANNED BANNED

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    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.
     
  11. user088

    user088 Newbie

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    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
     
  12. ``Yousef

    ``Yousef Power Member

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    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?
     
  13. jensen.ol

    jensen.ol Jr. VIP Jr. VIP Premium Member

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    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: Jul 29, 2011
  14. ``Yousef

    ``Yousef Power Member

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    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.
     
  15. jensen.ol

    jensen.ol Jr. VIP Jr. VIP Premium Member

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    The United States maintains diplomatic relations, but does not have extradition treaties with the following countries: Afghanistan, Algeria, Andorra, Angola, Armenia, Bahrain, Bangladesh, Belarus, Bosnia and Herzegovina, Brunei, Burkina Faso, Burma, Burundi, Cambodia, Cameroon, Cape Verde, the Central African Republic, Chad, China, Comoros, Congo (Kinshasa), Congo (Brazzaville), Croatia, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Guinea, Guinea-Bissau, Indonesia, Ivory Coast, Kazakhstan, Kosovo, Kuwait, Laos, Lebanon, Libya, Macedonia, Madagascar, Maldives, Mali, Marshall Islands, Mauritania, Micronesia, Moldova, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, Niger, Oman, Qatar, Russia, Rwanda, Samoa, São Tomé & Príncipe, Saudi Arabia, Senegal, Serbia, Slovenia, Somalia, Sudan, Syria, Togo, Tunisia, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Vanuatu, Vatican, Vietnam, and Yemen,

    The countries which have neither diplomatic relations nor extradition treaties with the U.S. are: Bhutan, Cuba, Iran, Korea (North).

    The United States has extradition treaties with over 100 countries

    There is about 195 countries in the world. So there is around 50-60% that have extradition treaty with US. But the remaining 40% has no extradition treaty.

    Maybe you want to categorize the risk:
    1. High Risk if you are in US
    2. Medium Risk if you are outside US but the country has extradition treaty
    3. Risk negligible if you are outside US and has non-extradition with US
     
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    Last edited: Jul 29, 2011
  16. jigoe213

    jigoe213 Newbie

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    I want to buy a domain with a brand name in it. will this be a problem for me in the future.
     
  17. raydaniels

    raydaniels Regular Member

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    yes it will if you're planning to monetize off the brand
     
  18. goliver

    goliver Registered Member

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    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 ;)
     
  19. djlight

    djlight Newbie

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    If they own the TM, then you really have no choice. You can fight, but you will lose. *fulltime domainer since 2003