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mkx

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#1

domain cybersquating question

11-29-2004, 08:41 PM

Let's say you make a deal with an overseas company be an exclusive distributor of their product in north America. You register the .com domain for the company name where they have the .'theircountry' domain for the manufacture website (which was registered 1st)

They someone screw you out of some money which can be argued both ways so it is not fraud, just bad business, and they cease your distributorship for reasons not outline in their policy that you have never read nor signed.

You then use the domain name (which gets a substantial amount of type-ins) and make a page saying 'this company owes us $XXXXX dollars'' blah blah and also have a section for customer complaints about the product or company.

Would this backfire on you since you really did have the right to register and use the domain name at that the time registered?
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FunForOne

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#2

11-29-2004, 08:42 PM

Does the domain name have the company name in it?
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mkx

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#3

11-29-2004, 08:43 PM

Yes but I had all rights to the use of the company name and was even given the right to incorporate 'company name usa' at the time
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gideongallery

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#4

11-29-2004, 08:45 PM

it completely depends on the wording of the contract
and what rights are revoked when the contract is nullified

you really need to talk to a lawyer

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

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#5

11-29-2004, 08:46 PM

No contracts were signed. My concern is about cybersquating and this domain name. The fact that they owe me money will be dealt with by my lawyer if nescessary
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Steen2

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#6

11-29-2004, 08:48 PM

GFY IS NOT LEGAL ADVICE.

GFY IS NOT LEGAL ADVICE.

Please please keep that in mind.

It would depend (I think) on what trademark rights they granted you in your contract and whether of not the contract is still valid.

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Steen2

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#7

11-29-2004, 08:49 PM

Originally posted by raulph
No contracts were signed. My concern is about cybersquating and this domain name.

Using their company name to talk poorly about them *may* not be a good idea.

Would it be considered "cybersquatting"? Under definition, no. However that does not mean you would win a dispute.

I am most definately not a lawyer and this is definately not legal advice.

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dcortez

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#8

11-29-2004, 08:49 PM

Originally posted by raulph
Let's say you make a deal with an overseas company be an exclusive distributor of their product in north America. You register the .com domain for the company name where they have the .'theircountry' domain for the manufacture website (which was registered 1st)

They someone screw you out of some money which can be argued both ways so it is not fraud, just bad business, and they cease your distributorship for reasons not outline in their policy that you have never read nor signed.

You then use the domain name (which gets a substantial amount of type-ins) and make a page saying 'this company owes us $XXXXX dollars'' blah blah and also have a section for customer complaints about the product or company.

Would this backfire on you since you really did have the right to register and use the domain name at that the time registered?

It doesn't really sound like a good foundation for a mutually beneficial relationship.

In any case...

If their company name is included in the domain, they may have an advantage in reclaiming the domain you used in your 'territory'. I suppose you could deal with the domain ownership issues and exit details in your contract up front - like a prenuptual agreement.

From the sounds of it, you'll be exercising it.

-Dino
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mkx

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#9

11-29-2004, 08:50 PM

Originally posted by Steen2
GFY IS NOT LEGAL ADVICE.

GFY IS NOT LEGAL ADVICE.

Please please keep that in mind.

It would depend (I think) on what trademark rights they granted you in your contract and whether of not the contract is still valid.

I understand that what is said about this is advice or opinions and may not be true but some people may have experience with situations like these that I can learn from. There was no contract signed. All conversations were done by email. I'd say they are a million dollar corporation and this product is really starting to kick off in the USA.

Last edited by mkx; 11-29-2004, 08:52 PM.
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Steen2

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#10

11-29-2004, 08:51 PM

Originally posted by raulph
There was no contract signed. All conversations were done by email. I'd say they are a million dollar corporation and this product is really starting to kick off in the USA.

Just becuase you did not sign anything does not mean you have no contractual agreement in place.

I would say *be careful*.

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mkx

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#11

11-29-2004, 08:54 PM

Originally posted by Steen2
Using their company name to talk poorly about them *may* not be a good idea.

The site will be used explain the situation and let other customers give their input on the product and their service. Paypalsucks.com is messing with one of the biggest corporations today and the site has been up and running for years
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PrivateIvy

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#12

11-29-2004, 08:55 PM

Here, try checking your intentions here:

http://www.adultxxxlaw.com/members/f...-checklist.htm

Maybe it'll help answer your question, maybe not

Ivy
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Steen2

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#13

11-29-2004, 08:56 PM

Originally posted by raulph
The site will be used explain the situation and let other customers give their input on the product and their service. Paypalsucks.com is messing with one of the biggest corporations today and the site has been up and running for years

If you want to argue, be my guest and hire an IP lawyer for $200/hr++

I am done with this thread.

Not like I am well acquainted with these issues though.

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mkx

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#14

11-29-2004, 08:59 PM

Originally posted by Steen2
If you want to argue, be my guest and hire an IP lawyer for $200/hr++

I am done with this thread.

Not like I am well acquainted with these issues though.

Sorry about that, I tend to debate issues in my own questions asking for help which makes other people think im arguing and then they get mad at me. This is the second time.

Thanks for your help though, I will try to do further research on the situation
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#15

11-29-2004, 09:33 PM

Originally posted by raulph
Sorry about that, I tend to debate issues in my own questions asking for help

Isnt that how you perfect a theory? Socratic method?
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mkx

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#16

11-29-2004, 09:45 PM

Originally posted by smashface
Isnt that how you perfect a theory? Socratic method?

?
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