What do I do? - Hard to explain

[angisson]

Hello all

Here is the run down, I own a teen forum, most if not all of you know that. well I got the domain a year or 2 back I got the plural (4TeensOnly.com) and someone before me got the (4TeenOnly.com) not that I have a TM or anything on my domain I hold, even if I did 4TeenOnly.com was reg before mine. but I run a teen site on the plural, and on the singular its parked, with Adult keywords.

How would I got about contacting them to change the keyword, or even buying the domain (if worse comes to worse). a LOT of people have typed it in wrong, and I really really don't want teens to try typing in my site and going to a parked page with adult keywords on it.


so any pointers on getting the person to change the keywords, or would I be better of NOT contacting them? :tri:


Thanks,

Chris

 

[floatingworld]

truthfully there is not a lot you can do about it except to select another domain name,.... 'teens' is a key adult search word so you are swimming in a difficult sea.

 

[labrocca]

Sadly your best bet is to contact them and begin negotiations to purchase it. PM me if you want help. Sadly the more popular your site becomes..the more money they make. You need to get that domain asap.

 

[B33R]

You need to be really careful with this one angi. Do some searches and you can see what you're up against. It doesn't look good.

BTW 4teensonly, your domain, was regged July 14 2005. 4teenonly wasn't regged until Dec 31 2005. Yours was regged first.

Link 1 - background info
Link 2 - They think the US address is a front for a Thai company. Read the posts from "Dennis McCooe" in particular.
Link 3 - WIPO 2005-1087
Link 4 - WIPO 2006-0714
Link 5 - WIPO 2006-0027
Link 6 - WIPO 2006-0777
Link 7 - WIPO 2006-0597


There's still more info on the searches, including a couple from Microsoft's Strider URL Tracer typo-finder tool.
Google - "Manila Industries Inc"
Google - [email protected]

As you can see, I doubt you'll get very far negotiating with them unless you file a WIPO or at least threaten to.

You may be best waiting to see if the domain expires (Expires: 2006-12-31 20:46:29), obviously it won't expire if it's getting traffic/clicks, but it's a gamble. The alternative will be a huge amount of money to buy it, if they even sell domains, or the cost of filing a WIPO.

They are clearly no newcomers to the typo business, they already have 5 WIPOs filed and ruled against them, and your domain was regged first.

Good luck my friend.

 

[DNQuest.com]

In something like this, the only way timing would matter if you could prove a TM on the name. WE are allowed to have similar names (or the same name in different extensions) as long as there is no TMs. It will be difficult, and if you go to UDRP, you need to have greater rights to the domain which may be difficult.

 

[angisson]

I never said I had a TM, and i FULLY understand the TM rules. but I just wanted to know how to go about getting the domain (if I really needed to) or how to ask to change the keyword.


B33R, you are a kick ass searcher :P Thanks for the info, it helped

 

[DNQuest.com]

Sorry, I was implying that there is I don't see legal way to get the domain (UDRP). It is pretty crappy how tye are using the domain, but in this instance, cash talks unfortunately.

 

[Archangel]

In something like this, the only way timing would matter if you could prove a TM on the name. WE are allowed to have similar names (or the same name in different extensions) as long as there is no TMs. It will be difficult, and if you go to UDRP, you need to have greater rights to the domain which may be difficult.

If the other owner is showing adult ads, yes -- there is a MAJOR problem. You're forgetting COPPA USC section 2257. YES -- the owner of the other domain can get into trouble, using a domain that could be considered a typo of the teen-only domain. EMAIL THE OWNER AND THREATEN HIM if you have to. If he doesn't change keywords, email COPPA. He'll be in deep touble if he ignores you..

 

[angisson]

If the other owner is showing adult ads, yes -- there is a MAJOR problem. You're forgetting COPPA USC section 2257. YES -- the owner of the other domain can get into trouble, using a domain that could be considered a typo of the teen-only domain. EMAIL THE OWNER AND THREATEN HIM if you have to. If he doesn't change keywords, email COPPA. He'll be in deep touble if he ignores you..

Isn't COPPA only to protect people under the age of 13? and if you could please send me a link to that section? I tryed searching but only got gay porn sites

 

[Archangel]

Isn't COPPA only to protect people under the age of 13? and if you could please send me a link to that section? I tryed searching but only got gay porn sites

Basically, I think. But you surely have ppl 13/under trying to visit your site, right?

Read through this http://www.coppa.org/

 

[DNQuest.com]

COPPA is not applicable since the porn site isn't trying to collect personal information. And the content is not geared toward children under 13 years old.

Who Must Comply

If you operate a commercial Web site or an online service directed to children under 13 that collects personal information from children or if you operate a general audience Web site and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act.

To determine whether a Web site is directed to children, the FTC considers several factors, including the subject matter; visual or audio content; the age of models on the site; language; whether advertising on the Web site is directed to children; information regarding the age of the actual or intended audience; and whether a site uses animated characters or other child-oriented features.

 

[Domagon]

You also don't own ForTeensOnly.com though the singular of that appears to still be available ...

Your site doesn't look that busy yet, so it may be worth the effort to change the name to something totally different unless you can get ahold of the ForTeensOnly.com domain in addition to the 4teenonly.com.

Sometimes a new name is the best answer - probably not what you wanted to hear, but seriously consider some other names ... a new name could potentially save you much grief, money, and may be a better fit for your site than the current name.

Ron

 

[angisson]

First off, thanks for all the help, I am still a little confused on what to do, but you all gave me some great tips/ knowledge.

You also don't own ForTeensOnly.com though the singular of that appears to still be available ...

Your site doesn't look that busy yet, so it may be worth the effort to change the name to something totally different unless you can get ahold of the ForTeensOnly.com domain in addition to the 4teenonly.com.

Sometimes a new name is the best answer - probably not what you wanted to hear, but seriously consider some other names ... a new name could potentially save you much grief, money, and may be a better fit for your site than the current name.

Ron

I thought about changing domains many times over.. but my site is just getting to the point where its indexed high on yahoo and MSN and etc for good teen keywords, to change now would me to loose everything. .but I understand where you are comming from.

This may sound wierd, but I don't mind them buying typos and getting traffic, I just don't like the fact that they are using adult keywords.. I just can't stand that.

 

[Ronald Regging]

I thought about changing domains many times over.. but my site is just getting to the point where its indexed high on yahoo and MSN and etc for good teen keywords, to change now would me to loose everything. .but I understand where you are comming from.

Well, if I understand search engines correctly (which I may not, can I get some input here?) if you setup the old domain with a 301 redirect to the new domain, the indexation and PR should follow over... Maybe this is only applies to PR, not sure.

 

[labrocca]

imho the .us extension is worth considering...you could get 3-4 versions of your name in .us extension..and just point your .com to one.

 

[Archangel]

COPPA is not applicable since the porn site isn't trying to collect personal information. And the content is not geared toward children under 13 years old.

I admit that I could have been mistaken to a degree about COPPA's involvement but I know there is a law that was passed awhile back that holds domain owners legally liable if they use a 'typo' of a children/teen domain to generate traffic for any adult-related content, including links to other adult websites. This is not a typo by definition but there are still intentions... or maybe this other owner doesn't realize the forum site exists. I'd let the other owner know and then see what your best course of action is.

 

[angisson]

I admit that I could have been mistaken to a degree about COPPA's involvement but I know there is a law that was passed awhile back that holds domain owners legally liable if they use a 'typo' of a children/teen domain to generate traffic for any adult-related content, including links to other adult websites. This is not a typo by definition but there are still intentions... or maybe this other owner doesn't realize the forum site exists. I'd let the other owner know and then see what your best course of action is.

do you know the name of the law? or a link to it would be good too, thanks!

 

[SEO Montreal]

bad faith, good will and bad reputation

In something like this, the only way timing would matter if you could prove a TM on the name. WE are allowed to have similar names (or the same name in different extensions) as long as there is no TMs. It will be difficult, and if you go to UDRP, you need to have greater rights to the domain which may be difficult.

Some thoughts if you do go to legal action
- obviously reg'd in bad faith. they're looking for typos, not for some teen site.
- it was reg'd some months after yours, suggesting you'd built up some reputation/goodwill in the general population. This relates to TMs, which require goodwill to exist to be enforceable. I know you said you have no TM, but you might still point to the goodwill
- their adult parking may be hurting your reputation. In a Canadian case, a BC law association took action against a squatter with a typo of their DN parked with adult KWs. That was an important factor in the case if memory serves.

just my thoughts...

 

[Archangel]

do you know the name of the law? or a link to it would be good too, thanks!

Sorry but no I read about it in the news a year or so back... but I can't recall hearing a name.

 

[B33R]

Angisson. I think I just found what you're looking for. Oddly, it came up while I was looking for something else totally unrelated.

http://www.missingkids.com/missingkids/servlet/PageServlet?LanguageCountry=en_US&PageId=2447

You can make a report to The Cyber Tipline and they'll send it onto the appropriate law enforcement agency for "investigation and review and, where possible, to the appropriate Electronic Service Provider(s)".

You just need to click the red banner at the top right and fill in all the details

Here's the relevant category, listed on the above page (right at the bottom)...

Misleading Domain Name
It is a federal offense to use a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors, regardless of whether the material meets the legal definition of obscenity (18 U.S.C. 2252B). Please report the use of a misleading domain name that has directed a child to a web site containing harmful materials to children.

Adults who are concerned about obscenity that has not been accessed by a child on the Internet may file a report at www.obscenitycrimes.org.

Note: minors are anyone under the legal age (anyone not yet an adult) so anyone under 18 who accessed that site can report it or have it reported on their behalf.