Legal issue

ilcesco · 12-08-2005, 05:37 AM

"A friend of mine"

found a big brand .com expired.
Let's say that the company name is in two words "word1" and "word2". Actually the company has its site on "www.word1word2.com"
He notice that word1-word2.com , with the hypen, is free (but not the .net and .org).

well, few questions:
Is it legal to register this name and then sell it? This big company could be interested?

Thank you.

peter phillips · 12-08-2005, 06:42 AM

Originally Posted by ilcesco

"A friend of mine"

found a big brand .com expired.
Let's say that the company name is in two words "word1" and "word2". Actually the company has its site on "www.word1word2.com"
He notice that word1-word2.com , with the hypen, is free (but not the .net and .org).

well, few questions:
Is it legal to register this name and then sell it? This big company could be interested?

Thank you.

I think it can be considered as Cybersquatting. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit. The actual act of buying unused or abandoned domain names is not tecnically illegal but using the domain name in bad faith is.

zanzan · 12-08-2005, 06:49 AM

Originally Posted by peter phillips

I think it can be considered as Cybersquatting. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit. The actual act of buying unused or abandoned domain names is not tecnically illegal but using the domain name in bad faith is.

so can the company sue someone for cybersquatting their company names?

peter phillips · 12-08-2005, 07:14 AM

Originally Posted by zanzan

so can the company sue someone for cybersquatting their company names?

Well yes if it's a case of cybersquatting, the company can either sue to get their domain name and possibly some money damages under a 1999 federal law known as the Anti-Cybersquatting Consumer Protection Act, or they can initiate arbitration proceedings under the authority of the ICANN and win the name back without the expense and aggravation of a lawsuit.

SKG · 12-08-2005, 08:28 AM

Drop the name, don't take a chance. Maybe some have gotten away with but it is not work the risk.

Shorty · 12-08-2005, 09:22 AM

By posting here that your only intention was to resell it, you made it impossible to profit from registering it. If they see this, they can prove you were out to profit from their trademark. Dont register the domain if you havent already.

fonzie_007 · 12-08-2005, 10:05 AM

Originally Posted by SKG

Drop the name, don't take a chance. Maybe some have gotten away with but it is not work the risk.

I agree. I would not reg anything that would potentially cause a lawsuit.

robertjr · 12-08-2005, 10:23 PM

Originally Posted by fonzie_007

I agree. I would not reg anything that would potentially cause a lawsuit.

Your avatar???

12-08-2005, 05:37 AM	THREAD STARTER #1 (permalink)
ilcesco NamePros Regular Join Date: Dec 2005 Location: Verona, Italy Posts: 661	Legal issue "A friend of mine" found a big brand .com expired. Let's say that the company name is in two words "word1" and "word2". Actually the company has its site on "www.word1word2.com" He notice that word1-word2.com , with the hypen, is free (but not the .net and .org). well, few questions: Is it legal to register this name and then sell it? This big company could be interested? Thank you.

12-08-2005, 08:28 AM	#5 (permalink)
SKG Senior Member Join Date: Sep 2005 Location: Bands.TV Posts: 2,783 Follow @bands_tv	Drop the name, don't take a chance. Maybe some have gotten away with but it is not work the risk. __________________ Blue.tv

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12-08-2005, 09:22 AM	#6 (permalink)
Shorty Senior Member Join Date: Sep 2005 Location: England Posts: 1,034	By posting here that your only intention was to resell it, you made it impossible to profit from registering it. If they see this, they can prove you were out to profit from their trademark. Dont register the domain if you havent already.

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