Is this legal?

[sgtppr]

I own the .org .tv .us and .biz of a popular online poker site. I am an affiliate for them and asked them if I could redirect the traffic to them and get affiliate credit, they said they specifically have a policy against this. They then said they want me to transfer the domains to them 'as this is a violation'. Pretty sure its only a violation if I actually use the domains to promote their site, not simply if I own them.

So its a two part question. Am I simply allowed to own these domains or am I breaking some law by having registered them in the first place?

If I am allowed to own them, would the company have any grounds to terminate my current affiliate relationship because I admitted I owned them?

 

[evertonian7uk]

If you use the domians for poker related stuff, then yes in theory they could take them from you,

if you use them for something completly different then maybe no they cant,

the company can termite your account because you own them if its in there ToS, have you read them?

i would imagine that if this is a big company your more than likely going to have to decide if these domains are worth fighting for.

 

[Ronald Regging]

More than likely, they can and will terminate your affiliate account if you don't give up the domains. They will argue that the traffic and business you are bringing them is being generated by exploiting their TM. They'll close your account and keep your affiliate earnings and claim fraud on your part.

 

[CyberLaw.pro]

This is actually a quirky case. All things being equal, you'd probably lose the domains if they wanted to fight about them. On the other hand, if you are an American citizen, I would be very surprised if they would have the guts to air out their relationship with you in a protracted legal battle.

The Unlawful Internet Gambling Enforcement Act of 2006 really muddied the waters for financial exchanges between poker sites and US citizens, and I can't imagine a site would put itself in a position where it would air out affiliate payments made to you, etc.

That would be an interesting case if it played out! Definitely let us know if you guys start fighting about it.

 

[jberryhill]

I am an affiliate for them

What might otherwise be lawful or unlawful is probably irrelevant, since you have a contract with them.

Most affiliate contracts address the issue of domain names.

If your affiliate contract addresses that issue, then the contract is determinative of your rights with respect to these domain names.

And as Eric points out, if you are in the US, getting into a legal dispute could be similar to walking into your local police station to complain that the guy who sold you an ounce of marijuana short-weighted your purchase. The cops will be amused.

 

[flamewalker]

And as Eric points out, if you are in the US, getting into a legal dispute could be similar to walking into your local police station to complain that the guy who sold you an ounce of marijuana short-weighted your purchase. The cops will be amused.

:great:

If its a generic (aka descriptive) term you might be able to use them for another purpose, but imho your best bet is to hand them over or, as another pointed out, they could very well terminate your account. And if they are really cranky, even UDRP you for the names.

 

[Meongtae]

do a search in WIPO.....

 

[Electric-Shadow]

IMO if your using their TM and making money out of it via being an affiliate with them then you are violating their TM, if you want to save yourself, time, and money then your probably better handing them over.