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HELP! Company trying to take my Domain Name away...

Discussion in 'BlackHat Lounge' started by zai21, Apr 20, 2010.

  1. zai21

    zai21 Regular Member

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    I have a replica sneaker site and I sell the typical stuff on it. Some random ass company approached me and told me that the (three letters) in my domain is the same as theirs.

    *Example, mine kmgsneakers.com theirs kmg-skateboards.com.

    My alexa rank shits on their site, my backlinks is in the 10,000+, and their site is pretty much a ghost town. Now I must ask, how can I go around this. The domain I have is registered to one of my asian friends who I think bought it from a China hosting companies and the site itself is hosted in Singapore.

    Can they just take away my domain without me doing anything?
     
  2. CYBERTRON

    CYBERTRON Regular Member

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    You just answered your question. Not US based.. don't worry about it!
     
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  3. gregstereo

    gregstereo Elite Member

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    No they cannot take your domain away without your doing anything.

    Was the contact from them electronic or physical?
     
  4. zai21

    zai21 Regular Member

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    Electronic, (e-mail one of my hush.com accounts).
     
  5. zaedell

    zaedell Registered Member

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    I would be careful. Make sure it's a legitimate e-mail. I've heard of people getting scammed out of their domains. Could very easily be a false alarm.
     
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  6. zai21

    zai21 Regular Member

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    Even if that's the case I won't give up my domain without a fight. BUT don't forget, the website does sell fake shoes so i can't have my name out their aswell.
     
  7. MrBlue

    MrBlue Senior Member

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    There has been a lot of phishing type emails similar to that one going around lately. I have already received a few just this past week. All originating from China. Just ignore.
     
  8. troybh

    troybh Junior Member

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    No company has any rites to any domains. If microsoft dot com was still out there you could buy it for $5 and do anything you want with it.
     
  9. T-5102030

    T-5102030 Newbie

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    If I'm not mistaken, before any legit domain challenge can be acted upon, you'd be
    contacted by ICANN and given a written reason for the challenge. This would entitle you
    to arbitration in front of the international community to state your case for why you
    feel the challenge to your legitimacy as the domain owner is without merit (essentially
    a rebuttal to whatever claims they try to assert against your possessing the domain).

    Check out Icann.org for further information regarding this.... I think you'll be pleased ;)

    - T
     
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  10. MrBlue

    MrBlue Senior Member

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    This is a completely erroneous statement.

    Code:
    http://www.domainnews.com/en/microsoft-wins-domain-name-case-covering-two-domain-names.html
     
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  11. zai21

    zai21 Regular Member

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    Need more help/opinion guys :)
     
  12. pddy2g10

    pddy2g10 Newbie

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    I'm sorry but I fail to recognize their claim. I am not a lawyer, however, are they trying to claim trademark infringement? If their proper or legal corporate name is "kmg skateboard", they would have to have registered that corporate name in all 50 states for them to claim infringement and then would have had to trademark the name "kmg" to seemingly have a leg to stand on. Otherwise there would be no way you could know of their brand name if it is not registered, trademarked, patented, or copyrighted, etc. Unless you are talking about "kmg-skateboard.com" actually being "IBM-Computers.com" and your domain is "IBMdiskdrives.com" I don't see them having a case. Otherwise, it would be like "ABC Heating and Air" trying to claim that they own all rights to the letters ABC and a company named ABC Electronics is confusing to the public and infringing their rights.

    I'm pretty sure that you can do a search to find out the laws and your rights to a domain name. But unless, I got something from them outlining their claim from their legal counsel, I would not worry about it. Maybe someone else can chime in. Peace & God Bless
     
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    Last edited: Apr 20, 2010
  13. pddy2g10

    pddy2g10 Newbie

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    Just saw this after I posted.

    This is a pretty good thread that you may check out about trademarks, copyrights and so http://www.blackhatworld.com/blackhat-seo/black-hat-seo/192516-please-read-copyrights-trademarks-patents.html.
     
  14. zai21

    zai21 Regular Member

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    Got more info..

    Domain is hosted in Singapore and the domain was bought at a China Based Registrar.
     
  15. GreyWolf

    GreyWolf Executive VIP Jr. VIP

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    kmg is too generic for them to have much claim over unless they are VERY big. Sneakers and skateboards probably wouldn't be considered close enough for the similar acronym to be considered a case of brand confusion. Especially if you have a legit reason to have selected the initials and your logos have a different look. I would do some research so you know where you stand and then proceed from there. I certainly wouldn't just give in to their claim in your particular situation.

    There is more information on this other thread that might also help you.
    http://www.blackhatworld.com/blackh...lease-read-copyrights-trademarks-patents.html
     
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  16. wyomble

    wyomble Registered Member

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    Unless he has a company named kmg sneakers tell him to pound sand. He cant do anything.
     
  17. zai21

    zai21 Regular Member

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    Does me having the domain bought from a different country matter?
     
  18. gregstereo

    gregstereo Elite Member

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    To a degree it helps.

    And if you've only received contact via e-mail, it's very likely someone trying to fuck you over (not someone with a legit claim or case). Real threats/complaints come via snail mail.

    Make sure the name is locked @ the registrar.

    You should ask your registrar if they offer any additional protection (e.g. requiring a PIN/password or contacting the registrant for verification before _any_ status change is made to a name). Some registrars offer this gratis as protection from scummy bogus attempts at transfer aways.
     
  19. Profit

    Profit Regular Member

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    No, but if he doesn't have a trademark on the letters "KMG" tell him to get lost.
     
  20. zai21

    zai21 Regular Member

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    They have the trademark for those letters..

    here's the letter with some of the stuff taken out. Spoke to the lady on the phone and I know it's not a spoof at all.