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03-11-2005, 08:57 AM
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· #1 | | Revolution Calling! Name: John Location: NamePros Avenue Join Date: Mar 2005
Posts: 5,489
NP$: 267.70 ( Donate)
| Somewhat confused Iam definatly a newbie and green as green can get dealing with domain names.I purchased a WWD reseller account off ebay for $19 with 9 months remaining on the account.I figured,What do i have to loose.
I have a few questions regarding domain names.
If a person buys a .net,And the .com extension of the name is already owned and active by another registar,Would'nt this create a UCANN dispute??
I also notice that alot of names are only seperated by an e or s on the end,Example: ecars-goodbuys,Does the person who has registerd car or goodbuy have a case for dipute with UCANN?? |
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03-11-2005, 09:54 AM
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· #2 | | Senior Member Join Date: Feb 2005
Posts: 2,481
NP$: 1704.06 ( Donate)
| well in the case of the .net and .com, it would be determined by how unique the .com was. for example if food.com is reg'd but food .net isn't then no problem there. but if it was like thewildworldofgolbicas.com then thewildworldofgolbicas.net could be. The exception to the rule is if there is a trademark violation. if someone reg'd google.net, then yes, it coule be an icann dispute (What am I saying could be, with google it would be!!!)
ditto with the e or s thing |
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03-11-2005, 10:32 AM
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· #3 | | Revolution Calling! Name: John Location: NamePros Avenue Join Date: Mar 2005
Posts: 5,489
NP$: 267.70 ( Donate)
| Thanks for the reply,That is pretty much what i was thinking,But i see such names as carsebay for sale on some of the big domain auction sites.I see alot of e and s names aswell. |
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03-11-2005, 10:50 AM
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· #4 | | Mr. Mayor Name: Ron James Location: Bay Area, CA Join Date: Feb 2003
Posts: 12,678
NP$: 17644.98 ( Donate)
| Trademarks very much apply to domain names. If you registered the .net name of a site already active in .com and used the domain to compete in a similar industry, you may be violating trademarks of the other company regardless if the trademark is already registered or not. And adding a "s" to the end or changing the domain extension doesn't usually make it unique enough to avoid trademark problems to create similar type sites.
If the names are being used legitimately for different types of companies, then its not neccessarily a trademark problem.
The domain dispute process for .com/.net (and most mainstream extensions) is called UDRP. A trademark holder can file a UDRP case against any domain holder and the case is put before a judge who reviews the complaint and response and makes a decision on whether to transfer the domain to the complainant.
The first ever case was in 2000, when the World Wrestling Federation filed a UDRP complaint against the holder of worldwrestlingfederation.com . The WWF won the case, of course, because the registrant had no rights to own that domain. http://arbiter.wipo.int/domains/dec...d1999-0001.html
Read more about UDRP and view past cases, http://www.icann.org/udrp/udrp.htm
You can lookup trademarks at www.uspto.gov
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03-11-2005, 11:10 AM
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· #5 | | Revolution Calling! Name: John Location: NamePros Avenue Join Date: Mar 2005
Posts: 5,489
NP$: 267.70 ( Donate)
| Thanks for the info RJ,That is some good informative info.  |
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