Copyright Infringement???

tmeyer45458 · 10-08-2008, 09:16 PM

I received an unexpected email today claiming that I had improperly registered/licensed/used a domain. <- Their words.

I own: widgetmaker . com

And they own widgetmaker . com.au

EDIT: I didn't want to use the actual domain - "widgetmaker" is fake

They claim that I'm infringing on their copyright and trademark and that if I don't release the domain for a nominal fee, that a WIPO complaint (whatever that is) will be filed.

I can't say for sure which domain was registered first because the whois info only shows the last modified date and not the registration date.

I'm not sure what to do here. The domain is absolutely worth more than they are offering. I'm not even sure that there's a copyright issue at all because it's a two word domain and both words are very common.

I just need some feedback/conversation to help me better understand what I have in front of me.

Thanks!

**mis_chiff** · 10-08-2008, 09:35 PM

I don't know why they told you that,
I'm showing the .com.au as available to register...
Whois response for widgetmaker.com.au:
Result No Data Found
http://www.whois.com.au/com-au-domain.php

tmeyer45458 · 10-08-2008, 09:42 PM

Thanks mis chiff, sorry...but my info was a bit misleading. I used "widgetmaker" as a slug or substitute for the actual domain.

I'd rather not post the real domain.

**mis_chiff** · 10-08-2008, 11:12 PM

Quote:

Originally Posted by tmeyer45458

Thanks mis chiff, sorry...but my info was a bit misleading. I used "widgetmaker" as a slug or substitute for the actual domain.

I'd rather not post the real domain.

No problem, did the whois there give you anymore info
on yours?

weblord · 10-08-2008, 11:14 PM

do a trademark search on it if you can't post the domain.

**Dave Zan** · 10-08-2008, 11:27 PM

Without specifics (which can be used against you if posted online), it's hard, if
not impossible, to say how to handle it. Bare minimum, don't immediately reply.

From the domain, it sounds like they have an Australia-based trademark. Try
to find it in their trademark database or so, or do a Google search like "word/s
trademark".

Is the domain name showing any ads, especially competing against the party's
product or service? Although it's arguably an idea to take that down, that will
not do any good if they already took a screenshot.

Anyway, you better ask a mod to move this into the legal forum so it won't be
necessarily seen in the search engines. One has to register and log in to see.

Good luck.

Mattias · 10-09-2008, 12:35 AM

Well, It is hard to give you advise not knowing wich name it is but I understand that you want to keep the name secret for quite obvious reasons. But generally if you have one or two words in a name that are both relative generic and you don't use the domain to in any way infringe on their business, I don't think you will have an issue.

tmeyer45458 · 10-09-2008, 06:41 AM

Nope...Only the date inwhich the domain was last modified.

Quote:

Originally Posted by mis_chiff

No problem, did the whois there give you anymore info
on yours?

I searched google/yahoo/msn and the aussie version of google and can't find anything confirming that they have a trademark.

I also searched Madrid Express & ROMARIN, both are international trademark databases found at wipo.int. In each case no trademark was found.

Is there a better way to do a trademark search?

Quote:

Originally Posted by weblord

do a trademark search on it if you can't post the domain.

The domain is parked at Sedo.com. I originally purchased the domain to create a review site but later abandoned those plans. Had I moved forward w/my original plans...there would be no competition between my site and their products.

Quote:

Originally Posted by dave zan

Is the domain name showing any ads, especially competing against the party's
product or service? Although it's arguably an idea to take that down, that will
not do any good if they already took a screenshot.

The words are very generic. As an example: speakerplace . com or furniturenews .com. Both are only examples.

Quote:

Originally Posted by Agar

But generally if you have one or two words in a name that are both relative generic and you don't use the domain to in any way infringe on their business, I don't think you will have an issue.

I have 14 days to figure this out so everyone's help is appreciated.

One more note: all other tlds are still available for registration. If they were serious about their trademark wouldn't they have, at a minimum, registered the .net?

sunken · 10-13-2008, 02:51 PM

It would seem to me if the domain was a couple of generic names and the site itself had nothing to do with their business, they might have a problem in WIPO. Trademark extends beyond just words, but scope as well. However, WIPO is far less forgiving than the actual law itself. Do you know someone in Australia that could perhaps check on it for you?

10-08-2008, 09:16 PM	#1 (permalink)
tmeyer45458 New Member Join Date: Jan 2007 Posts: 24 4.00 NP$ (Donate)	Copyright Infringement??? I received an unexpected email today claiming that I had improperly registered/licensed/used a domain. <- Their words. I own: widgetmaker . com And they own widgetmaker . com.au EDIT: I didn't want to use the actual domain - "widgetmaker" is fake They claim that I'm infringing on their copyright and trademark and that if I don't release the domain for a nominal fee, that a WIPO complaint (whatever that is) will be filed. I can't say for sure which domain was registered first because the whois info only shows the last modified date and not the registration date. I'm not sure what to do here. The domain is absolutely worth more than they are offering. I'm not even sure that there's a copyright issue at all because it's a two word domain and both words are very common. I just need some feedback/conversation to help me better understand what I have in front of me. Thanks! Last edited by tmeyer45458; 10-08-2008 at 09:40 PM.

10-08-2008, 09:35 PM	#2 (permalink)
mis_chiff On Signature Patrol! Forum Moderator Join Date: Mar 2006 Location: Canada Posts: 6,020 4.86 NP$ (Donate)	I don't know why they told you that, I'm showing the .com.au as available to register... Whois response for widgetmaker.com.au: Result No Data Found http://www.whois.com.au/com-au-domain.php __________________ Affiliate links and/or links to Parked pages are not permitted!

10-08-2008, 11:27 PM	#6 (permalink)
Dave Zan Electrifying Guy Forum Moderator Join Date: Sep 2003 Posts: 4,232 2,029.65 NP$ (Donate)	Without specifics (which can be used against you if posted online), it's hard, if not impossible, to say how to handle it. Bare minimum, don't immediately reply. From the domain, it sounds like they have an Australia-based trademark. Try to find it in their trademark database or so, or do a Google search like "word/s trademark". Is the domain name showing any ads, especially competing against the party's product or service? Although it's arguably an idea to take that down, that will not do any good if they already took a screenshot. Anyway, you better ask a mod to move this into the legal forum so it won't be necessarily seen in the search engines. One has to register and log in to see. Good luck. __________________ *Vidi, Vici, Veni!* Follow Me On Twitter...

10-09-2008, 12:35 AM	#7 (permalink)
Mattias NamePros Regular Join Date: Apr 2006 Location: Sweden Posts: 613 185.25 NP$ (Donate)	Well, It is hard to give you advise not knowing wich name it is but I understand that you want to keep the name secret for quite obvious reasons. But generally if you have one or two words in a name that are both relative generic and you don't use the domain to in any way infringe on their business, I don't think you will have an issue. __________________ ...

10-13-2008, 02:51 PM	#9 (permalink)
sunken Senior Member Join Date: Oct 2004 Location: CSite.Net Posts: 2,220 148.14 NP$ (Donate)	It would seem to me if the domain was a couple of generic names and the site itself had nothing to do with their business, they might have a problem in WIPO. Trademark extends beyond just words, but scope as well. However, WIPO is far less forgiving than the actual law itself. Do you know someone in Australia that could perhaps check on it for you? __________________ FMOZ Web Directory -- Buy Acai Check My Internet Speed - Free Online Storage - Web Site Hosting Service Live GPS Tracking - Request a Review - Bid for Position iPhoneHDR Super Duper Awesome iPhone Wallpapers!

10-08-2008, 09:42 PM	#3 (permalink)
tmeyer45458 New Member Join Date: Jan 2007 Posts: 24 4.00 NP$ (Donate)	Thanks mis chiff, sorry...but my info was a bit misleading. I used "widgetmaker" as a slug or substitute for the actual domain. I'd rather not post the real domain.

10-08-2008, 11:14 PM	#5 (permalink)
weblord NamePros Legend Join Date: Dec 2005 Location: Philippines - www.Nabaza.com Posts: 19,840 21,700.43 NP$ (Donate)	do a trademark search on it if you can't post the domain.

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