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Geek Culture / ? about domain names and trademarks

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Gowmars
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Joined: 26th Sep 2003
Location: United States
Posted: 9th May 2007 06:40
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This is probably the only forum I'm a member of that has other people besides me who own websites. And you guys have helped me in the past with these kinds of questions so here I go.

So a while back I registered the .net and .org versions of my competitors website site name, and forwarded them to my site. They were not trademarked or anything. They had asked me in the past about buying them from me, which I had considered but in the end refused them. It's a long story. I'm not a jerk or anything, but I had good reason to do it. They were coming to my forum and spamming and causing trouble. So I did that and they stopped, cause they where tring to get on my good side to get the names from me, and to keep me from forwarding the names to other places. and i made sure to put that the site was in no way related to their site.

anyway on my my question. They recently dropped 2 grand to Trademark their name. and now are once again asking for the .net and .org versions of their domain names. Since I already bought and owned the names at least a good year prior to them trademarking the name, will it still be illegal for me to keep the names? or will I have to give it to them? I currently have the names parked as to not cause any trouble once i heard they did this.

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indi
22
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Joined: 26th Aug 2002
Location: Earth, Brisbane, Australia
Posted: 9th May 2007 07:57 Edited at: 9th May 2007 10:26
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If you were in Australia you would need a business name to legitimately keep them.
Because your in the wonderful land of stars and stripes, 13 year olds can own 500 domains without fear of recrimination.

Get the best price and get bought out, or re-rent the domains to them on a yearly basis.

re - renting is a good way to go, they pay you per year, you point the domains to the site, when they dont pay, you point it back.

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Dazzag
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Posted: 9th May 2007 09:59
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Unless your competitor is someone like Lucasarts or MS....

Cheers

I am 99% probably lying in bed right now... so don't blame me for crappy typing
Current fave quote : "She was like a candle in the wind.... unreliable...."
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Gowmars
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Posted: 9th May 2007 12:41
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naa, it's a small local website.

Thanks guy!

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Fallout
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Location: Basingstoke, England
Posted: 9th May 2007 13:39
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I would recommend redirecting the URLs to pr0n websites to speed up the transaction and increase the figure they offer you.


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Zappo
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Posted: 9th May 2007 15:54
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I am guessing it would depend on the domain name really. If its an existing word or phrase then you are safe. If its a unique name or spelling (e.g. Pepsi) then even without the name being trademarked they could register a domain dispute with the TLD authority (e.g. Verisign for .com). They may not win but they stand a good chance especially if you are in the same geographical area, are an obvious competitor and haven't actually done anything with the domain.

You must also be careful about where you point it in case it might be classed as 'causing damage' to your competitors reputation or business. You don't want to get sued!

If it is a normal word or phrase (e.g. harryscomputers.net or whatever) then I would recommend building a fake site and stick up some info to show its in use and isn't just parked. Just to cover yourself.
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Phaelax
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Posted: 9th May 2007 19:31
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How bout that guy Mike Rowe, and MS sued him for his website called MikeRoweSoft.com.


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Dazzag
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Posted: 9th May 2007 22:30
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Yeah, I was thinking of that one. I thought they didn't sue him but told him to stop it and gave him some dosh to make up for it. Was a while ago though so I may be wrong. Wasn't he like a school kid or something?

Cheers

I am 99% probably lying in bed right now... so don't blame me for crappy typing
Current fave quote : "She was like a candle in the wind.... unreliable...."
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Milkman
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Posted: 10th May 2007 05:49
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Yeah, some 17 year old:
http://www.cnn.com/2004/TECH/internet/01/26/mikerowesoft.settle.ap/

Who needs a signature?
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Phaelax
DBPro Master
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Posted: 10th May 2007 05:54
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So they bought the child. An xbox, paid hosting and certification isn't a bad deal I suppose. Although, I still think the boy would've been within his rights to keep the name. I mean its not his fault his name sounds like "micro".


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Jeremiah
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Posted: 10th May 2007 06:33
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I think the kid was a gutless coward. I would give anything to be in a similar situation against a multi-billion dollar company.
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Code Dragon
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Posted: 10th May 2007 21:08
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Agreed, I would never give up a site with my name on it because a multi-billion dollar company told me too.

But they don't seem to care about this.

"Once there was a polygon mesh who was very sad because he was only Gouraud shaded."
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Benjamin
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Posted: 10th May 2007 21:14
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It was thought that it was a case of cybersquatting, which was heightened by the fact that the kid actually offered to sell the domain name to Microsoft for $10,000 or something.

Tempest (DBP/DBCe)
Multisync V1 (DBP/DBCe)
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xplosys
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Playing: FPSC Multiplayer Games
Posted: 10th May 2007 21:18
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If the company files a complaint, it goes before a board for review. In most cases, the board will side with the company who owns the name. The amount of time you had the name, why you bought it or what you are doing with it has little or no meaning. The board almost always sides with the company name owner.

If they can show that they registered the .com and were using it before you registered the others, they "will" win and you will have to turn them over. If you can, it's best to settle now for any amount of money.

Research "squatting" for much more information, but what I'm telling you is from my experience as a registrant and hosting provided in the U.S.

Best.

I'm sorry, my answers are limited. You must ask the right question.

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Jeku
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Location: Vancouver, British Columbia, Canada
Posted: 10th May 2007 22:16
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Yah, a big mistake you can make is offering to sell. If you persist and state it's not infringement, let them make you an offer first.

If you don't have the money and lawyers to defend you, your best option is to give it up. Unless you want a tremendous debt, that is.

Speaking as someone who has been sued by a large company for millions over a domain name, it can be a pretty scary ordeal.

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GatorHex
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Location: Gunchester, UK
Posted: 10th May 2007 23:07 Edited at: 10th May 2007 23:50
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Erm what was the problem with his website it didn't day in the article just copyright infringment, which is totaly different to tradmark infringment?

I can only assume they were bothered about Soft in his domain name if it was a trademark issue?

Better not tell 'em about my ThomasSoft.com and ThomasSoft.co.uk then -.-

Mind you I have some training in computer law and know you cannot trademark a word used in your area or field of business. Like a barbers called 'Freds Hair' cannot trademark the word 'Hair' because other barbers need to use the word, it is also noun in the dictionary.

A problem if you are a poplar company like "hoover" because noone says vacume cleaner they just use the word "hoover" to mean any brand.

Another example of the law is Coca Cola v Pepsi Cola. Coca tried to sue Pepsi for using the word Cola, but Pepsi sucsessful won the case by proving Cola was a noun for the brown soft drink

Also i have some experience in registering Trademarks and if you sent an application for a microcomputer software comapany called 'Micro' and 'Soft' they would deny your application because your name is not unique enough, and the words are used in the industry it is applied to! Would be funny if Microsoft took me to court and I proved their tradmark was not unique enough to be classed a trademark! Muhahahaha!

Also when taking a case of trademark infringment they have to prove "passing off", in otherword the magority of the general public buying your product thinking it was made by them.

http://www.KumKie.com http://bulldog.servegame.com
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H4ck1d
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Posted: 11th May 2007 04:01
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Quote: "I can only assume they were bothered about Soft in his domain name if it was a trademark issue?

Better not tell 'em about my ThomasSoft.com and ThomasSoft.co.uk then -.-
"


No, that's not the issue. Just say Mike Rowe Soft out loud.

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