HELP!!! URGENT!!! Copyright Problem.

NapsteR

NapsteR

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Hi guys,


I resigtered a bunch of expired domains for my blog network. One of them was PR 3 and it was the name of a company in ny. The guy is threatening me to give the domain back to him. I told him I am willing to sell it for a reasonable price. It is a good domain and I expect at least $1000. He told "fuck you"and I am cyber squatting.

He didnt really, send any legal notice. He just contacted me through my mail. He knows my real id since I dont use fake ids in whois. I dont care about it because I never do anything blackhat.

I am not from US btw. What do I do now?
 
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So he let the domain expire, later, you registered it without knowing of his company?
 
yes. I registered it for for my blog network.
 
I wouldn't worry - get a site up and wait. If he really wants it he will pay for it. Or just go for a quick turnaround and sell it. Tell him you purchased a number of expired domains and you knew nothing about his company. Until you receive something of a legal nature it is just threats. (I would keep copies of all correspondence you have with him)
 
If he truly thinks you are cybersquatting I believe he is supposed to file a dispute with ICANN, not sue you in court. ICANN would then make a ruling, and if they agreed with him they would seize your domain.

If he is making wild threats the chances are he is bluffing and doesn't really know what he is doing. If he is in the USA and you are somewhere else that also helps you quite a lot. I would suggest you ignore him until you get a formal letter from a solicitor, which will probably never happen.

The bottom line is, if he wanted the domain he should have renewed it.
 
I don't really think he will win any case unless he has some kind of a proof, that for some extreme reason he couldn't pay. As far as I know, to re-register a domain you need at least 3 months so fuck him and fuck his case.
I would never worry about it.
from my personal experience, a business which had extremely nice website got shut down, I went to time machine and copied their website with slightly changes and set it up on a similar domain.
after 2 months I had e-mail threatening of copyright etc bla bla bla and nothing happened, now the website is 1.5 yrs old and it is still mine :D
 
It's not a copyright matter, that's when you're infringing upon someone elses work such as written copy, etc. If anything it might be a Trademark matter however it doesn't sound like he has a federal TM filing.

But even if he did you're fine, don't worry about it. Happens often. Stick to your $1K if he contacts you again. It would cost him 5 times that to even start anything legal, and then he doesn't have a leg to stand on. Not to mention it would never go anywhere since you have to be officially served on the matter. What sometimes happens is the party will file a UDRP to try and take it but this would cost him filing fees plus attorney fees at least 5 times (5K USD) as well - and no chance of him winning this anyway.

I've literally had the same situation happen dozens of times over the years, it's all talk - he has zero bite. Don't let it change any of your plans for the Domain, do with it as you had planned to do.

OldSchooler
 
I agree with the others. There's no reason to panic unless he takes legal action.

Do you have ads on the site? That could be bad for you if he pursues the "cyber squatting" charge since you are monetizing the traffic he built with his brand name. If you have ads it might be best to take them down.
 
Moriarty79 said:
If he truly thinks you are cybersquatting I believe he is supposed to file a dispute with ICANN, not sue you in court. ICANN would then make a ruling, and if they agreed with him they would seize your domain.

If he is making wild threats the chances are he is bluffing and doesn't really know what he is doing. If he is in the USA and you are somewhere else that also helps you quite a lot. I would suggest you ignore him until you get a formal letter from a solicitor, which will probably never happen.

The bottom line is, if he wanted the domain he should have renewed it.
Click to expand...

This is absolutely correct.

In this situation, he can file a dispute with ICANN and he will have to backorder the domain and can get it IF you don't renew and let him have it.

Otherwise, he screwed up and should have paid better attention to his domain licenses.

He can claim whatever he wants but due to the way it was purchased and if it is true the way the OP claims, there is nothing he can do but cry about it. Sad but fact none the less.

This is this guy's problem, as he botched his business on his own accord. I've seen this happen countless times over the years.

It isn't a copyright issue, however, it could be a trademark issue if he has trademarked the domain version of his company name as " businessname.whatever " as a legal trademarked business name, product or service brand.

I wouldn't sweat this one at all.
 
The main problem was his behavior not about money. If he asked me nicely I would have given the domain. But he started to threaten and said "fuck you". That is why I wanted to know what happens if I keep the domain.

But now he apologized so, I gave the domain back.
 
NapsteR said:
The main problem was his behavior not about money. If he asked me nicely I would have given the domain. But he started to threaten and said "fuck you". That is why I wanted to know what happens if I keep the domain.

But now he apologized so, I gave the domain back.
Click to expand...

Well done, bud. Rep + on this one.
 
Tell them you own a company with same name as your domain in your country

Case closed :)
 
Nice of you to give it back! +rep for that one...

although I would have made him sweat it out a bit more ;)
 
Oh, missed the post where you gave the domain back

+rep from me also

for whatever it is worth :)
 
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