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Need your help please! Need domain name lawsuits

Discussion in 'Domain Names & Parking' started by wannabie, Mar 10, 2011.

  1. wannabie

    wannabie Elite Member

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    Hi -


    I am trying to gather some information on lawsuits where people have brought a branded domain but have had it taken off of them by facebook(example)

    I'm also looking for lawsuits where someone has out ranked a branded domain with a similar domain?
     
  2. 0_inspiration

    0_inspiration Regular Member

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    I'd be really interested in this too!
    Managed to buy a domain VERY close to a certain famous roleplay games name (so close in fact that I couldn't believe it was on auction for renewal!).

    Am I right in suspecting that it doesnt really matter where in the world I host it, as any legal proceedings would be against me rather than the website?
    If so, were I to register a limited company overseas, would this then be the target of leagal procedings rather than myself?

    (honestly it doesnt matter to much either way as it's intended to be a practice site, should it get taken down I'll have another home waiting for the content :D)

    thanks in advance
     
  3. luiza

    luiza Junior Member

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    Here's a case I know of personally. The "squatter" lost in court recently
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    Plumber sues competitor over possible cybersquatting
    Thursday, May 20, 2010

    By Paula Reed Ward, Pittsburgh Post-Gazette

    Fagnelliplumbing.com is the web address, logically enough, where customers can find everything they want to know about the types of services offered by Fagnelli Plumbing Co. in Oakland.

    But, the shortened version of that domain name, fagnelli.com, doesn't go to that company at all. Instead, up until two weeks ago, that address redirected visitors to the website of Gillece Services, a larger competitor in the area.

    Fagnelli is now accusing Gillece of cybersquatting -- a violation of federal trademark law in which an individual or business buys a domain name that is "identical or confusingly similar" to another in bad faith to profit from it.

    "I'm all for a company trying to grow, but I think it becomes a real ethical issue," said Ernie Fagnelli, the company president. "I, certainly, would never think to go in and buy anyone else's names."

    Mr. Fagnelli, whose company was founded in 1963, said he only learned of the situation when a friend of the family called and told him about it.

    The friend wondered if Fagnelli had sold out to Gillece.

    "I was upset," Mr. Fagnelli said.

    On April 28, Edward Friedman, who represents Mr. Fagnelli, sent a cease and desist letter to Gillece, asking that the company stop redirecting traffic and transfer ownership of the fagnelli.com domain name to his client.

    Although Gillece did stop redirecting web traffic on May 4, it did not transfer ownership of the site. Instead, it sends Internet users to a GoDaddy.com parking website for domain names that have been registered but do not yet contain content.

    James Petraglia, Gillece's general counsel, said his client is on solid legal ground.

    "It's been extensively researched," he said. "We feel that their claim has no merit whatsoever."

    Mr. Petraglia would not, however, address the specific allegations in the lawsuit.

    According to the complaint, Gillece registered fagnelli.com on March 1, 2007, and then on Feb. 12, 2009, the company arranged to redirect web traffic to Gillece Services' site.

    Because of the diversion, Fagnelli argues that it likely lost potential customers to Gillece.

    "What they're doing is wrong and unfair," Mr. Friedman said. "We asked them to stop, and they refused. We have no choice but to proceed in this manner."

    Camille Ede, director of domain services for GoDaddy.com, said her company can't do anything about the dispute.

    "It's up to the complaining party to defend their trademark," she said. "It's up to a judge or jury to determine if there's an infringement."

    She noted, though, that when a registrant signs up, they agree that they will not use the domain name in bad faith. Redirecting traffic, Ms. Ede continued, will likely just make Fagnelli Plumbing's case stronger.

    Buying a domain name is an inexpensive process, and most dot-coms can be registered for about $10 per year.

    Mr. Fagnelli's lawsuit alleges that Gillece has registered more than 180 domain names that are "identical or confusingly similar," to the marks of other competitors in the Pittsburgh area.

    Arthur Simqu says that he is one of them. He runs Simqu Electric Co. When he attempted to register the domain name simquelectric.com, he found it had already been taken. It, too, used to go to Gillece's website, Mr. Simqu said, and now just redirects to godaddy.com parking.

    "It irritates the hell out of me someone has to stoop that low to prevent other contractors from doing business in the area," Mr. Simqu said.

    "There's so much work out there that I don't need to compete and go head-to-head with someone to get business," Mr. Fagnelli said.

    Mr. Fagnelli is seeking both damages and court costs in his cybersquatting claim.



    Read more: post-gazette.com/pg/10140/1059521-28.stm#ixzz1GCPZOSjd
     
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  4. 0_inspiration

    0_inspiration Regular Member

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    Thanks for the article, that was quite eye opening!

    I'm guessing this would equally apply in the UK... I'm guessing it doesnt really matter how the site is used if it's close to a trademark owned by a large conglomerate?

    Looks like I'm just going to have to make as much from it as I can before I get a letter :D
     
  5. bryanon

    bryanon Executive VIP Premium Member

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    • Thanks Thanks x 2
  6. 0_inspiration

    0_inspiration Regular Member

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    Thanks!

    That should keep me busy for a while :D
    2 more days till the site is transfered to me and I'm wondering wether its worth actually developing it, flipping it straight away or approaching baremaidens and offering to redirect for a monthly fee (Actually I might do that anyway if I get a cease and desist lawyer :D) so these are gonna help alot with the decision process!

    (wish I had more thanks to give!)
     
  7. 0_inspiration

    0_inspiration Regular Member

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    Sorry managed to post twice.... hmmmm I could always try asking a question :D

    Anyone know of any hosts in countries that don't recognise western copywrite law? lol
     
    Last edited: Mar 11, 2011