DNcoupons.com legal matter

[Shane]

Hello,
I have recentally bought DNcoupons.net thinking i shall make it into a good coupon site ect. But MellowMasher said i should contact the owner of DNcoupons.com first.

I did and the email log read as:

----- Original Message -----
From: "shane hudson" <[email protected]>
To: <Removed By Request>
Sent: Thursday, October 25, 2007 3:10 PM
Subject: DNcoupons


Hello,
I am a domainer and i decided to register and develop a
website with domain name coupons on it. After many whois searches
i found that DNcoupons.net was available so i registered it and
am in the process of developing. Just now i was advised to
contact you as although you do not own a trademark, it is still
not very ethical to use it.

So, i would like your permisson to carry on developing this
wonderful name. I WILL NOT use this to make money or steal any of
your traffic. I just like helping people and i know that it took
me a very long time indeed to find a good coupon site. If you
would like i will link my site to yours and we could affiliate or
something?

Thank you very much for reading this and I would appreciate a
reply.

Shane Hudson

----- Original Message ----
From: <Removed By Request>
To: shane hudson <[email protected]>
Sent: Thursday, 25 October, 2007 9:29:55 PM
Subject: Re: DNcoupons

Unfortunately, if you feel that sending an email will make any
legal issues you may face as a result of registering
<dncoupons.net> go away, you are mistaken.

- DNCoupons


What should i do? He has no trademark or anything but is still trying to threaten me with legal issues!

Thank you

 

[alanchau]

1) Why would you develop a site on a .net when the .com is already developed with a similar site? It seems rather illogical.

2) Why do you ask the owner of the .com for permission, and when he refuses, you complain about it?

 

[Domagon]

Dump that domain and grab an appropriate .com, such as DNClipper.com or DNMiser.com (both still available) ... and/or try to buy one of the other related domains many of which are parked.

Ron

 

[Peter]

What should i do? He has no trademark or anything but is still trying to threaten me with legal issues!

Thank you

He does have a trademark, he obtained that trademark through usage.

You surely knew about the .com site when you registered the .net site otherwise you would have registered the .com correct?

 

[bobdigital]

I agree with asianinvasion's #1 comment. You will lose traffic to the dot com.

 

[evilopinions]

I would advise you to wait...I think he wouldnt do anything...do not turn over the domain to him..Let him go to his lawyers...that would cost him worth the pain he intends to give u..sit on it and wait and watch and do not email him back....

U can park it meanwhile....who knows it might already have some traffic.

 

[Dave_Z]

I think he wouldnt do anything.

And if the party in question does something, then obviously that thinking is...
incorrect.

If you insist, Lonely Designs, then be prepared for the consequences.

 

[RJ]

What should i do?

Find a different domain. :]

 

[exponent]

He does have a trademark, he obtained that trademark through usage.

You surely knew about the .com site when you registered the .net site otherwise you would have registered the .com correct?

He has a copyright through usage, however the "trademark" is a harder argument entirely because he doesn't have an actual trademark on file with the government.

 

[Dave_Z]

however the "trademark" is a harder argument entirely because he doesn't have an actual trademark on file with the government.

Registration is not a requirement either. Didn't you read or maybe believe this?

He does have a trademark, he obtained that trademark through usage.

If you don't believe it:

http://www.uspto.gov/web/offices/tac/doc/basic/register.htm

Is registration of my mark required?

No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages

Of course, that's USPTO since you're from Ohio. Other jurisdictions might have
other definitions and what not.

 

[Shane]

Thank you all, here you all seem to have a different approach than in the chat room.
MellowMasher was the one that told me to contact him. I truly did not think to go check out the .com. I think i able still able to refund, should i? I really do not want legal problems.

 

[Michelle]

Your a nice guy and I just didnt want to see you get into trouble in the long run

Take care

 

[maximum]

The .com is owned by NamePros member webfreak, who not only promotes it outside NamePros, but it is both on his username in all his posts (1,576 to date) and in the link of his forum signature - which I assume it has for some 22 months since he registered it. Along with this, do to his promoting it, it gets a fair amount of traffic and is the top domain in many search engines for its known use of the terms "dncoupons", and "domian coupons". While I myself own several .net's of well-known .com's (most of us here do), I think in this case you're in a loosing situation. As asianinvasion pointed-out, using the .net for the exact same purpose as the .com is almost a loosing point to begin with; not to discount, it shows "bad faith" and intent. And, as others have said, not having a registered trademark does not mean he is not legally protected. Under ICANN's rules, his domain and right to the term "dncoupon" would be assumed because he has built-up a business/site known by that term, and you're basically copying it with the .net would definately be considered "bad faith" use of the term because you are using what he already had to compete with him. My advice, like others here, find another domain

 

[rajesh_]

Go for different domain. All the best.

 

[Shane]

I am going to find a different domain, but what can i do with this one? He wants it, and i dont want to loss my money, but he wont buy it from me for reg fee.

 

[serin]

<humor> Send him an email telling him "Look, this is the last time i will offer you this domain name, just pay me X.XX for the registration fees and it's yours. Else, I'll just go for my secondary idea and make up my "Dookie (o)N Coupons" site... with lots of pictures, and a rating system kinda like h-ot-or-n-ot... </humor>

If he really wants it, he'll pay registration fees for it, otherwise he'll go to a lawyer and pay $$$ or he'll fill out the forms himself.. and do all the grunt work himself, and still pay $$$ in "Time Compensation"

Let him know that You are Offering him the domain name "In good faith" one final time at the exact price you paid for it. If he still says no, just respond "Ok, I've already offered it to you at exactly what I paid for it, Have fun waiting a year for it to expire" and point the Domain name to "http://www.prostatecancerfoundation.org/" Or another charitable Organization that has *nothing* to do with domain names.
and finally Ignore any Further messages he sends, Unless they're subpoenas or what not. Because he's trying to get something for nothing (Or close to it) with the threats of legal pressure and strong arm tactics.

That being said..

Theoretically, if i have say.. WWW.google.com, and someone picks up www.googlesearch.com, and i get them to give up the domain via legal action.. then i let it lapse go through redemption etc.. and someone else registers it Can i then turn around and get legal action against the person who picked it up (again) (or fill out the forms again) to get a continuously
free Reg-fee out of the "Squatters"?

 

[maximum]

I am going to find a different domain, but what can i do with this one? He wants it, and i dont want to loss my money, but he wont buy it from me for reg fee.

Read below...

Send him an email telling him "Look, this is the last time i will offer you this domain name, just pay me X.XX for the registration fees and it's yours.

Actually, not a bad idea. I could argue against it; such as him spreading the word (not saying he would or would not do this, personally, just anyone in his shoes), and all the sudden folks start figuring "Hey, that guy's easy. I can pressure him by legal action, and take his names for nearly nothing.". However, in this case, I think its not a bad idea, to atleast recoup your money. If he goes for it, great. If not, let it just drop/expire.

Else, I'll just go for my secondary idea and make up my "Dookie (o)N Coupons" site... with lots of pictures, and a rating system kinda like h-ot-or-n-ot...

Your original correspondence to him shows your initial intent, so he would still have a case, if he wantd to, and you went this route.

The rest of what serin said, I agree with. If he doesn't want to pay reg-fee, park it or point it somehwere unrelated to domains; and, maybe, just maybe, he'll have to fight someone else to catch it on the drop when it expires. If not, then its his...after waiting the year. If you park it somewhere unrelated, he could still fight you for it. But, like serin went on to say, that would be a dumb move on his part - financially speaking, anyway, considering he could have it now for just reg-fee.

 

[DNQuest.com]

I am going to find a different domain, but what can i do with this one? He wants it, and i dont want to loss my money, but he wont buy it from me for reg fee.

First, you squatted adn he does not have to give a damn penny if he does not want to.

Second, DO NOT listen to Serin (Serin, do some research here in legals and you will know why I said that).

Third - You made your intent known, you admit to knowing the TM, you admit to offer a competing service, you even state you are a domianer (as oppposed to a web developer) and YOU PUT IT IN WRITING. Though you thought you were doing the right thing, all you did was load him up with ammunition.

Forth, learn the consenquences of squatting.

Fifth and final, chalk this up to a learning experience, sometimes it is better to swallow the reg fee and move on. Now you know what not to do.

 

[maximum]

-->-->-->-->

Without any discounting serin's input ( :tu: ) DNQuest's comments got me even rethinking how I saw the situation :o While brash, it does get the points across; and, good points they are. Thanks, DNQuest

 

[neroux]

As the others already said it is pointless to create a service under .net which is identical to the .com version. There are already many coupon services out there so my general suggestion would be to create another service. If you want to offer coupons nonetheless I'd definitely suggest another domain.

As to a compensation, you registered the domain yesterday at Namecheap for $9,29 (or possibly less with a coupon) and AFAIK Namecheap does not offer you a refund (you could ask nevertheless however).

My suggestion would be to contact "webfreak" and offer him/her the domain for what you paid. If he/she doesnt agree you could still keep it for a year and try to get the regfee back from parking or otherwise sell it. While you can certainly always get sued for anything I'd rather consider the chances small this might get you legal issues.