Same domain with different TLD

[dev99]

Hi
I registered a domain a couple of months ago.

Lets call it abc.info. Lets say it was a game site. Now i just noticed that around 2 weeks later someone regged the same name, but with a different TLD. They are also using exactly the same script for their site.

Do i have any right over this name they have regged?

Thanks in advance

 

[peter phillips]

The simple answer to this is no, you don't have any right over this name they have regged unless ofcourse your name is Trademarked.

 

[dev99]

Thanks for the reply.

Does anyone else have another opinion on this?

 

[etraffic]

I dont understand how there can be 2 domain names the same??

 

[mrfike]

I dont understand how there can be 2 domain names the same??

It's really simple, there are differrent tld's (top level domains), or extensions (.com, .net., .info, .cc etc), for each of those extensions, there can be ONE domain name for any given combination.
For example, there can only be ONE MSN.com, but there may also be MSN.net, MSN.org, MSN.info etc.
I hope that helps!
:D

 

[labrocca]

The simple answer to this is no, you don't have any right over this name they have regged unless ofcourse your name is Trademarked.

I don't agree. A trademark is based on USAGE of a name. If ABC.info is an arcade site he may have rights for usage on that name for an arcade. If ABC.net is using it for a forums then of course it's under a different TM usage. However that being said...unless you get a lawyer and are willing to fight this person in court then it's just too bad. You should have registered all appropriate extensions if you felt the name was good.


Also all names are trademarked by usage automatically. You don't need to REGISTER the mark for it to be protected. Registered Trademarks simply allow for easier protection making it clear to a court that you wanted to protect your name by registering it. Damages can be proven easier when you have a registered mark.

 

[DNQuest.com]

actually, I would not say TM s automatic as soon as you use them. You need time to establish a TM.

 

[labrocca]

Yes that's true DNQ but I stated "by usage automatically" which in my view is establishing it from that usage. To be clear a TM for a name must be in connection with an actual unique purpose. I would think based on what OP said that he has established his TM from the usage.

I just really wanted to correct Phillip who seemed to state that the OP doesn't have a TM which might not be true.

If you really want to pursue this OP you need to get a lawyer and prepare to fight otherwise it's just a waste of time.

 

[ekal]

From all I have read about domain name law, if you were actively using and publicising your domain name (and have documents to prove this) then you would win in court.

However, you would have to take them there to get them to stop.

 

[dev99]

Hi Guys

Thanks for your help.

I think the general opinion is that i have a right to this domain, which is what i sort of gathered from browsing the forum, but i just wanted this to be confirmed.

 

[DNQuest.com]

Without getting detailed (because no name was supplied), yes, you may have a right to the domain, but the other person may have a right to their domain too.

 

[Dave_Z]

I think the general opinion is that i have a right to this domain, which is what i sort of gathered from browsing the forum, but i just wanted this to be confirmed.

Sure you have a right. And so does the other party.

But can you prove the other party's getting a free ride from you?