Domain name infrigment

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  • Jensen
    Confirmed User
    • Apr 2001
    • 3790
    #1

    Domain name infrigment

    I have a mainstream biz that have been going for about 5 years. The domain I use is premium and now some smartass have registrered an "n" in the domain and is offering the same product.

    Wouldn't normally bother me that much but have recieved some questions lately from people asking me about their stuff etc so it's obviously confusing to customers. I've also written the service about their domain and they are rather abusive with their language.

    Anyone have any good advice on how I should proceed with this?
    Tags: None
    • Redrob
      Confirmed User
      • Oct 2004
      • 4791
      #2
      I'd speak to an attorney. I heard that if they are offering the same products that you are it could be considered "dilution of mark or infringement". I am not an attorney.

      Definition on website.
      Last edited by Redrob; 05-17-2011, 01:26 PM.

        Comment

        • mafia_man
          Confirmed User
          • Jul 2005
          • 1965
          #3
          Originally posted by Jensen
          I have a mainstream biz that have been going for about 5 years. The domain I use is premium and now some smartass have registrered an "n" in the domain and is offering the same product.

          Wouldn't normally bother me that much but have recieved some questions lately from people asking me about their stuff etc so it's obviously confusing to customers. I've also written the service about their domain and they are rather abusive with their language.

          Anyone have any good advice on how I should proceed with this?
          Did you incorporate your business before the registered the name? Can you provide evidence for that?
          Do you have any trademarks? Again evidence.

          If the answer to the above is yes, then get an attorney and try and seize the name.
          I'm out.

            Comment

            • TripleXPrint
              Confirmed User
              • Apr 2007
              • 983
              #4
              It sounds like you're the victim of typosquatting...a variation of cybersquatting. It is not entirely illegal depending on what they're using it for. From what you've posted, they're selling the exact same product. Does the website look exactly like yours? Are they trying to deceive your customers into thinking they're purchasing from you?

              There is no cut and dry answer to this question. Do a search for typosquatting and you'll find tons of resources that can help you out.
              Skype: Triplexprint

                Comment

                • marlboroack
                  So Fucking Banned
                  • Jul 2010
                  • 9327
                  #5
                  Buy them out?

                    Comment

                    • Jensen
                      Confirmed User
                      • Apr 2001
                      • 3790
                      #6
                      Originally posted by mafia_man
                      Did you incorporate your business before the registered the name? Can you provide evidence for that?
                      Do you have any trademarks? Again evidence.

                      If the answer to the above is yes, then get an attorney and try and seize the name.
                      yes, yes and no. Been trying to read up on the subject and from what I'm understanding if the domain is identical or can be confused to be the same as your company, brand or product you might have a good case. Registrering "domain n name.com" would be violating both identical and confusing?

                      Attorneys are expensive, but have found some local companies that are experts in domain disputes so I might give them a call in the morning.

                      Is there a way before going to that step? Any point in filing with WIPO myself or is that just waste of time?

                        Comment

                        • Jensen
                          Confirmed User
                          • Apr 2001
                          • 3790
                          #7
                          Originally posted by marlboroack
                          Buy them out?
                          Not really where I want to go with their abusive answers to my emails. Do understand that being an option though.

                            Comment

                            • Jensen
                              Confirmed User
                              • Apr 2001
                              • 3790
                              #8
                              Originally posted by TripleXPrint
                              It sounds like you're the victim of typosquatting...a variation of cybersquatting. It is not entirely illegal depending on what they're using it for. From what you've posted, they're selling the exact same product. Does the website look exactly like yours? Are they trying to deceive your customers into thinking they're purchasing from you?

                              There is no cut and dry answer to this question. Do a search for typosquatting and you'll find tons of resources that can help you out.
                              Tricky to answer, exactly the same product marketed the same way and customers are confused. Website is built the same way, not 100% on design.

                              I just noticed though that they are using my domainname exactly on twitter if that makes any difference. That surely adds to customer confusion.

                                Comment

                                • Jensen
                                  Confirmed User
                                  • Apr 2001
                                  • 3790
                                  #9
                                  Just contacted an lawcompany that deals with trademarks, patents, disputes etc and will have them look into it. Anyone interrested in hearing how it goes?

                                    Comment

                                    • TripleXPrint
                                      Confirmed User
                                      • Apr 2007
                                      • 983
                                      #10
                                      Originally posted by Jensen
                                      Just contacted an lawcompany that deals with trademarks, patents, disputes etc and will have them look into it. Anyone interrested in hearing how it goes?
                                      I would be interested as I'm going through a somewhat similar situation. Not nearly as bad as yours, but similar nonetheless.
                                      Skype: Triplexprint

                                        Comment

                                        • OY
                                          Industry Pioneer
                                          • Oct 2002
                                          • 5401
                                          #11
                                          Originally posted by Jensen
                                          Just contacted an lawcompany that deals with trademarks, patents, disputes etc and will have them look into it. Anyone interrested in hearing how it goes?
                                          I would like to know. We are being harassed by typo-squatters all the time too.
                                          Around since 1997, and the company that introduced "Cascading Billing" in MPA3® Affiliate Management and Tracking Software

                                          Outsourcing With A Norwegian Twist - NordBits - Inquire within!

                                            Comment

                                            • DateDoc
                                              Outside looking in.
                                              • Feb 2005
                                              • 14243
                                              #12
                                              yes keep us posted - should be a case u win.

                                                Comment

                                                • kacy
                                                  Confirmed User
                                                  • Oct 2002
                                                  • 877
                                                  #13
                                                  You would have to dispute the registration with ICANN
                                                  http://icann.org/en/udrp/udrp-policy-24oct99.htm

                                                  I believe that ICANN arbitrations cost between $5000-$7500, depending on
                                                  complexity, which includes substantial filing fees paid to WIPO
                                                  http://www.wipo.int/

                                                  Basically, this would only be worth pursuing if you have a trademark, if you don't then the likelihood of winning the case is slim.
                                                  ~Kacy

                                                    Comment

                                                    • Vendot
                                                      Confirmed User
                                                      • May 2002
                                                      • 3376
                                                      #14
                                                      Originally posted by kacy
                                                      Basically, this would only be worth pursuing if you have a trademark, if you don't then the likelihood of winning the case is slim.
                                                      Extremely slim (without a trademark) is the bottom line. If you choose to now get your trademark, it is too late because what they are doing came first.
                                                      "In a Time of Universal Deceit, Telling the Truth is a Revolutionary Act." - George Orwell

                                                        Comment

                                                        • TheDA
                                                          Confirmed User
                                                          • May 2006
                                                          • 4665
                                                          #15
                                                          You might be lucky and they will fold on the first letter from your lawyer.

                                                          From what you've said your case sounds stronger than theirs.
                                                          Sharleen Spiteri - 1989 - In The Ass

                                                            Comment

                                                            • V_RocKs
                                                              Damn Right I Kiss Ass!
                                                              • Nov 2003
                                                              • 32449
                                                              #16
                                                              Originally posted by Vendot
                                                              Extremely slim (without a trademark) is the bottom line. If you choose to now get your trademark, it is too late because what they are doing came first.
                                                              Not always the case... Apple trademarked App Store after Amazon already began using the term and the courts saw it in Apple's favor since Apple used the mark first.

                                                                Comment

                                                                • MrPinks
                                                                  Registered User
                                                                  • Oct 2003
                                                                  • 1767
                                                                  #17
                                                                  Interesting situation. I'm in the same boat. Some bonehead is running around with mrpink.com and putting a poor attempt at a tube site on it. I asked them very politely if they would sell me the domain. No luck.

                                                                    Comment

                                                                    • gideongallery
                                                                      Confirmed User
                                                                      • Aug 2003
                                                                      • 7082
                                                                      #18
                                                                      Originally posted by V_RocKs
                                                                      Not always the case... Apple trademarked App Store after Amazon already began using the term and the courts saw it in Apple's favor since Apple used the mark first.
                                                                      there is a huge difference between going thru the courts and arguing all the facts

                                                                      and using the speedy and incredible cheap domain resolution policy

                                                                      and the former is what was being discussed in the slim chance reference

                                                                      if you want to spend a bucket load of cash and fight it thru the courts you can prove your case but it way harder and a lot more expensive.

                                                                      “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                        Comment

                                                                        • CYF
                                                                          Coupon Guru
                                                                          • Mar 2009
                                                                          • 10973
                                                                          #19
                                                                          Originally posted by kacy
                                                                          You would have to dispute the registration with ICANN
                                                                          http://icann.org/en/udrp/udrp-policy-24oct99.htm

                                                                          I believe that ICANN arbitrations cost between $5000-$7500, depending on
                                                                          complexity, which includes substantial filing fees paid to WIPO
                                                                          http://www.wipo.int/

                                                                          Basically, this would only be worth pursuing if you have a trademark, if you don't then the likelihood of winning the case is slim.
                                                                          UDRP arbitration is more like $1300 for a single arbitrator or something like $2600 for a 3 panel.

                                                                          http://domains.adrforum.com/main.asp...ID=237&news=26
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                                                                            Comment

                                                                            • ~Ray
                                                                              visit hardlinks.org
                                                                              • Jun 2003
                                                                              • 18361
                                                                              #20
                                                                              don't be scared of legal cost, you can get the domain and legal fees from the other party. You need a lawyer. Good job calling one. I hope your meeting goes well.

                                                                              Kick his ass and make him pay your fees for doing it!
                                                                              Adult Backlinks for Adult Websites - Testimonials Available

                                                                                Comment

                                                                                • LiveDose
                                                                                  Show Yer Tits!
                                                                                  • Feb 2002
                                                                                  • 25792
                                                                                  #21
                                                                                  Looking forward to hearing about the outcome.

                                                                                  Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

                                                                                    Comment

                                                                                    • Jensen
                                                                                      Confirmed User
                                                                                      • Apr 2001
                                                                                      • 3790
                                                                                      #22
                                                                                      Thanks for all the advice and info, I really appreciate that. I've been talking to Codex (one of the leading law firms in Europe) and they adviced a letter as the first step. If that doesn't do the trick it would be WIPO or copies to partners like billing, hosting etc.

                                                                                      They have a bunch of questions I'll have to get back to them with but from what I understand, the most important is to argue how they have taken advantage of the name. Not a 100% sure how to translate all the legal stuff to english so leaving that for now.

                                                                                        Comment

                                                                                        • AdultKing
                                                                                          Raise Your Weapon
                                                                                          • Jun 2003
                                                                                          • 15601
                                                                                          #23
                                                                                          Originally posted by MrPinks
                                                                                          Interesting situation. I'm in the same boat. Some bonehead is running around with mrpink.com and putting a poor attempt at a tube site on it. I asked them very politely if they would sell me the domain. No luck.
                                                                                          MrPink.com existed long before mrpinks.com

                                                                                            Comment

                                                                                            • TheDA
                                                                                              Confirmed User
                                                                                              • May 2006
                                                                                              • 4665
                                                                                              #24
                                                                                              Originally posted by AdultKing
                                                                                              MrPink.com existed long before mrpinks.com
                                                                                              I remember mrpink as a tgp a while ago.
                                                                                              Sharleen Spiteri - 1989 - In The Ass

                                                                                                Comment

                                                                                                • AdultKing
                                                                                                  Raise Your Weapon
                                                                                                  • Jun 2003
                                                                                                  • 15601
                                                                                                  #25
                                                                                                  Originally posted by TheDA
                                                                                                  I remember mrpink as a tgp a while ago.
                                                                                                  I believe it was a gallery list, then a tgp , I know the domain has been around well over 10 years. Certainly the domain MRPINK.COM predates MRPINKS.COM
                                                                                                  Last edited by AdultKing; 05-18-2011, 04:24 AM.

                                                                                                    Comment

                                                                                                    • MrPinks
                                                                                                      Registered User
                                                                                                      • Oct 2003
                                                                                                      • 1767
                                                                                                      #26
                                                                                                      The last time I saw it in use was with a skydive team. Odd. that was a couple of years ago.

                                                                                                        Comment

                                                                                                        • MrPinks
                                                                                                          Registered User
                                                                                                          • Oct 2003
                                                                                                          • 1767
                                                                                                          #27
                                                                                                          Unless you are talking pre-2000, it was a skydiving team website. I've had MrPinks.com since 2003, long before the tubes. Mrpink.com was turned into a tube late last year. Not much of big deal since that tube sucks major ass anyways. I just don't want people to assume our sites are related.

                                                                                                          Originally posted by AdultKing
                                                                                                          I believe it was a gallery list, then a tgp , I know the domain has been around well over 10 years. Certainly the domain MRPINK.COM predates MRPINKS.COM

                                                                                                            Comment

                                                                                                            • TheDA
                                                                                                              Confirmed User
                                                                                                              • May 2006
                                                                                                              • 4665
                                                                                                              #28
                                                                                                              Originally posted by MrPinks
                                                                                                              Interesting situation. I'm in the same boat. Some bonehead is running around with mrpink.com and putting a poor attempt at a tube site on it. I asked them very politely if they would sell me the domain. No luck.
                                                                                                              Originally posted by MrPinks
                                                                                                              Unless you are talking pre-2000, it was a skydiving team website. I've had MrPinks.com since 2003, long before the tubes. Mrpink.com was turned into a tube late last year. Not much of big deal since that tube sucks major ass anyways. I just don't want people to assume our sites are related.
                                                                                                              Maybe you should consider legal action now in case it becomes a problem in the future.
                                                                                                              Sharleen Spiteri - 1989 - In The Ass

                                                                                                                Comment

                                                                                                                • zbuckz_lloyd
                                                                                                                  Registered User
                                                                                                                  • Feb 2011
                                                                                                                  • 30
                                                                                                                  #29
                                                                                                                  You don't need a trademark to win a UDRP case. In fact over 80% that file one usually win.

                                                                                                                    Comment

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