Domain Legal Help?

[Tropica]

Hi

My company originally registered the co.uk variation of our name, since then our company has received a large amount of press, in national as well as local newspapers, as well as some large news websites.

We then thought we should register the other varations of our domain, we got the .net,.info etc... but someone registered the .com

I contacted him and he said he wants $xxx for the domain and is planning to setup a web design company (same name as my company )

Im convinced he has just registered it to make a quick buck.

What can I do from now? He is ignoring my emails, is it worth a trip to my lawyers? Or is there a easier way?

Thanks all

 

[tinner666]

It may depend on whether you company can be considered a TM. Not really sure about these things.

 

[evertonian7uk]

how long have you been in biz, how long has the .com been registered? you could prove common law rights maybe?

 

[Tropica]

how long have you been in biz, how long has the .com been registered? you could prove common law rights maybe?

The .com has been registered for only 2 months now, my domain is over a year.

My company works alot in education and with an other large organization, combined with the press its about money for him.

I feel I can prove he registered it for profit, but he said he is willing to fight for it legally (probably BS)

evertonian7uk, great to meet another blue

I actually have evertonian.net and everton.biz if your interested

 

[Ronald Regging]

So you run a business that seems to be doing rather well and you think that spending $xxx is completely unreasonable to acquire your dot com? Honestly, considering the amount of press you are talking about, that asking price seems far too reasonable to be a squatter. At least that's how it appears.

Also, if your company deals in education and the owner of the .com has legitimate plans to make it into a web design company, than you would really have no rights to the name, since it's use would be completely different from your own. I don't know what the domain is, or what the owner's true intentions are, but I am merely saying that the situation isn't as cut and dry as you may think.

If you try to take it via legal methods, you're looking at spending $x,xxx - $xx,xxx and you still may not win.

Personally, I think you should just try to acquire it now for the least amount of money possible before it turns into a major headache for you. If that means buying it from the owner than so be it. Unless you're online identity is not worth $xxx to you and your company...

But if it's not about the money and you just want to teach the guy a lesson (which I completely understand), you may want to look at the sticky thread in this forum for various lawyers who specialize in domain law.

 

[Tropica]

I work mainly with education, but we are a web design company, education is just the brunt of our contracts.

The money isn't the issue as such, I just have a low threshold to con artists and chancers, I suppose I feel by paying him for it, I will just encouraged him and somehow convinced him what he is doing is right.

I did notice the sticky earlier, I will check that out

Thanks for all your help folks!

 

[Ronald Regging]

The money isn't the issue as such, I just have a low threshold to con artists and chancers, I suppose I feel by paying him for it, I will just encouraged him and somehow convinced him what he is doing is right.

I understand what you're saying. Though I think people who generally act in this manner really require no convincing that what they are doing is right They don't possibly think they could be wrong... And even if you "taught them a lesson", they'd probably just complain about how unfair the system is

I am not certain whether any of those lawyers are in the UK, if you would prefer a local presence. But if you're going to be getting legal assistance on domain related issues, I would definitely recommend someone with experience in this field. Generally speaking, it is just IP law, but domains are a complicated beast and as I said it may not be as cut and dry as one might imagine.

Best of luck to you!

 

[Tropica]

im sure i will need some luck!

Im in dialogue with the registrars legal department, hopefully they might have some ideas?

Cheers again!

 

[evertonian7uk]

always a pleasure to meet fellow blues (havent been to Goodision for years, i live in Germany now )

anyway, from what you've said, i think common law is going to be to difficult to achieve, since your both in the same field (web design) you should try to get a good repor with the other guy and make a resonable offer,

like RR says, low XXX isnt too bad, if its the right name for you.

do you know the other guy at all, i just wonder how he happen to reg the name you wanted, and how he knew it would effect you if he bought it.

good luck buddy, 2-1 tomorrow!!!!

 

[Tropica]

nope dont know the bloke!

fingers crossed for 2-1, if we dont we can kiss 4th good bye

 

[Dave_Z]

Im in dialogue with the registrars legal department, hopefully they might have some ideas?

Depending on the registrar, they might tell you to get a court order or just file
a Uniform Dispute Resolution Policy (UDRP) thing.

 

[Name Trader]

At that price. I'd just pay him the money. It's cheap. And it's a simple solution. Probably the value of your time you've already spent on this is more than he is asking for the domain. Be pragmatic (TM).

 

[robertjr]

The money isn't the issue as such, I just have a low threshold to con artists and chancers, I suppose I feel by paying him for it, I will just encouraged him and somehow convinced him what he is doing is right.

If money is not the issue, pay it.

First, it will cost you much more to "take" it and you could be just wasting money. What king of deal do you think you could work out if you do try to take it and loose? The price will only go up and he's like me you will never get it.
Second, if he is doing wrong that is on him, not you. Make the best choices for you and your company.:imho:

 

[fatter]

In the domaining world xxx is peanuts, and if you can get the name for that I would definately go for it, you will lose that much easily if your site has as much press as you say, many visitors go to the dotcom and you are losing business as we speak

 

[Tropica]

thanks for your input, i suppose im being stubborn really, paying for it probably would be the lesser evil.

Well hopefully he responds to my latest offer!

 

[Name Trader]

Did that include threatening a lawsuit, by any chance?

 

[Tropica]

Did that include threatening a lawsuit, by any chance?

threating a lawsuit? I have made no threats of a lawsuit, I dont want to wind the bloke up, it would only add more on the asking price

 

[.Andy]

threating a lawsuit? I have made no threats of a lawsuit, I dont want to wind the bloke up, it would only add more on the asking price

That is true.

** LEGAL ADVISORY ** I AM NOT an attorney I am simply a human. My advice is what I would do and should not in any way shape or form be consittered real legal advice. If you need that please check the sticky as it has some good attorneys that specialize in Law

I would simply tell him that you belive that this is your identity and you will take the necessary actions to get it back.

That is hinting at a lawsuite and should get the msg across. However its worked many times for me and sometimes it caused the price to go up use at your own risk.

 

[labrocca]

Im convinced he has just registered it to make a quick buck.

I agree. However others are right...to obtain the domain you will either need to pay legal fees and pray you win...or just buy it which is exactly what the seller is hoping with his reasonable price. Consider it an expense for not obtaining your dot com to begin with. Shame on you for getting the co.uk and NOT the dot com instead..haven't you heard? Dot Com is KING!

 

[Tropica]

I agree. However others are right...to obtain the domain you will either need to pay legal fees and pray you win...or just buy it which is exactly what the seller is hoping with his reasonable price. Consider it an expense for not obtaining your dot com to begin with. Shame on you for getting the co.uk and NOT the dot com instead..haven't you heard? Dot Com is KING!

lol i know i know!

God knows why i didnt register the .com, i registered the .co.uk as im uk based and so is a large section of my clients, i should have registered all of them together!