Question about Copyright and Domain expired

[bestbuy]

I own a domain that was expired and captured by someone else, but I own the copyrights to the name. Is it legal to claim it back when contacting the new owner?

 

[Peter]

How do you mean claim it back by contacting the new owner?

You can point out that you own the copyright and you can follow through by carrying out a UDRP.

How long had the domain been dropped for or was it captured during the drop process?
What is the current usage of the domain?
Is it related to what your trademark is for?
Can you prove that the new owner has malicious intent and registered the name in bad faith?

These are important questions on answering your query.

 

[bestbuy]

The name was drop and expired. And the new owner is building a similiar site. But do this means that I can get it back withou offer them a price?

What is a UDRP? What is the different between a trademark and copyright?

 

[Giode]

The name was drop and expired. And the new owner is building a similiar site. But do this means that I can get it back withou offer them a price?

What is a UDRP? What is the different between a trademark and copyright?

So slick, why would you go and do that after you were the one that let it expire and drop. Kind dumb, you know what I mean!

I suspect you will be paying for this domain. I sure as hell wouldn't give it to you!

 

[bestbuy]

Is it legal to get it back since I have the copy right?
Will I win on court?

 

[Name Trader]

we are not lawyers here. You need to consult a domain lawyer with experience of trademark/copyrights.

I didn't realize you could copyright a domain name. Are you sure you don't mean trademark?

UDRP is the process by which trademark owners can get or reclaim domains from persons who are infringing on their trademarks. It costs a $1500 processing fee, plus the lawyers fee, if you use one (which is highly recommended). You can find out more than you need to know about UDRP by googling it.

UDRP do not look too kindly on applicants who let their domain to drop. They consider you haven't be diligent enough in protecting your trademark.

If the registrant is infringing on your copyright/trademark, you can sue them in court. You'll of course need a lawyer.

 

[bestbuy]

Can anyone confirm me that people can not have copyright on a domain?


thanks,

 

[dnk]

Trademarks are country and product specific

 

[Name Trader]

I thought you said you already had a copyright on a domain. So why are you asking this question? You either have or have not a copyright on a domain. Which is it?

 

[bestbuy]

Please help , what should I do.

Here is the real story. I have brought these 2 sites from a third party. A week later, the person claim that they are the first owner ask to get the domain back which they say is their copy right. What should I do. I just brought the domain name and now the first owner want it back?

Me buy from third party who got the expired domain and sold it to me. The first owner who let the domain expired came back and tell me to give it back cause of their copyright.

Please help , what should I do.

 

[Peter]

ok why not state that from the beginning if you give us a fake story how do you expect us to help?

What are your intentions for the domain name?
Have they provided any proof of any copyright (which I doubt they mean trademark)?

Although it might help knowing what the domain is it might not be prudent to post it publicly.

 

[Name Trader]

You can't be breaching their copyright if you have not placed any content on the domains website which breach their copyright. Same for trademarks. They could still file a URDP case against you claiming you bought the domains in "bad faith". Meaning the intent when you bought the domains was to profit from their trademarks. But in this case, it's unlikely since they don't even know the difference between copyrights and trademarks. They are however, entitled to bring a URDP case if they feel so aggrieved. You will then have to defend your position in arbitration or lose the domains. You can do this defence by yourself (ie no cost) or with the aid of a domain lawyer. It's always better to retain a lawyer. Just reply to their email that you bought the domains from the other party in good faith and it's your intention to develop these domains in the future unrelated to their copyrights.

I presume you haven't put any content on the websites which breaches either their copyrights or trademarks. Right?

 

[Alan Glennon]

Depending on the value of the domains, I would hire an attorney. Otherwise, simply ask them to clearly state their situation in writing and mail a hardcopy to you -- make it clear that you need all the particulars of their claim, so you can seek counsel.

I have had previous domain owners contact me, claiming their domains were inadvertently dropped (implied "stolen"). Those with legitimate claims never have a problem writing all the exact particulars of the situation; those that do not, will not follow through.

When things get serious in domaining, I stop using email and start using postal mail. It creates a much more thoughtful dialog.

Regards.

Here is the real story. I have brought these 2 sites from a third party. A week later, the person claim that they are the first owner ask to get the domain back which they say is their copy right. What should I do. I just brought the domain name and now the first owner want it back?

Me buy from third party who got the expired domain and sold it to me. The first owner who let the domain expired came back and tell me to give it back cause of their copyright.

Please help , what should I do.

 

[gazzip]

I thought copyright only applies to text & Photos ?

It is also possible to have multiple Trade Marks by different people, as long as it is used for a different purpose. How you use it makes alot of difference !

(more so for generic/dictionary words or combinations, you could'nt do it with the likes of Google, Yahoo etc)


.

 

[bestbuy]

Here is their email...

Well, Here is what they say:

Dear ****
The site might be making good money, but the AZ-ARC name is under copyright. We just want to purchase the domain *back*. You are making money on the copyrighted Arizona Addiction Recovery Center name and that is against US law.
You will not be able to just make money off of the AZ-ARC name forever. If you choose to be unreasonable, we will contact our lawyers and you will end up forfeiting the domain and also paying all legal fees.
Please let us know a reasonable fee and we will work it out in a friendly way. Thanks for your time.

Kelly

*********************

They may be an imposter and try to rib me off. The content of az-arc.com is already up from the previous owner that I brought it from. They have it up for almost a year. I have asked them to send me the prove of CopyRights to the name AR-ARC.com.
What else should I do?


thanks

 

[rhys]

you aren't breaching copyright as you have no material up. if you are afraid that they hold a trademark on the domain name, please ask them for proof. The trademark registration. If it is a generic domain, you may still have a good case. Also in the U.S., domain name extensions cannot be trademarked. That is "catburger" can be trademarked but "catburger.com" can never be.

 

[scandiman]

Also in the U.S., domain name extensions cannot be trademarked. That is "catburger" can be trademarked but "catburger.com" can never be.

Who says? Check for Art.com, Hotels.com, Sportsbook.com, Sex.com, Fox.com and many more.

 

[bestbuy]

is it true?

Is it true?
copyrights are for recorded works such as music, lyrics, books, articles, website content, etc.

trademarks are for names, logos, brands, etc.


then that mean I have this name AZ-ARC.com and they claim that they hold the copyright of the domain, Arizona Addiction Recovery Center, and have the right to claim it? If Copy Right is not for domain name then they have no case against me?

 

[scandiman]

Is it true?
copyrights are for recorded works such as music, lyrics, books, articles, website content, etc.

trademarks are for names, logos, brands, etc.

Yes, this is basically how it works.

then that mean I have this name AZ-ARC.com and they claim that they hold the copyright of the domain, Arizona Addiction Recovery Center, and have the right to claim it? If Copy Right is not for domain name then they have no case against me?

In your situation I would ask for them to validate their claims before you do anything else. It is a reasonable request to receive from them some documentation to their claims. If they refuse they are probably full of crap.

 

[Name Trader]

As a few people have already said. You can't copyright a name. I checked the USPTO and there is no trademark registered, but that doesn't mean they don't have a trademark for prior use.

So. Unless your content is somehow infringing their copyright, you should be relatively clean. It's probably for this reason that the previous owner sold the domains to you.

So you have 2 choices. Ask them to send you proof of copyright infringement and fight them, or they have offered to pay for the domains. So you could make a quick flip and move on. it's up to you.