Domain name stealing

Discussion in 'OT Technology' started by TheDarkHorizon, Jan 1, 2004.

  1. TheDarkHorizon

    TheDarkHorizon \xC0\xFF\xEE

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    For example, I have a domain name "blah.com" and someone takes "blah.net". "Blah.com" is a company and obviously only that company. How or where would I report this? Is there any legal recourse I can do? I was checking WHOIS records and I saw this happen to one of my domains which redirects to a competitors website, so they are obviously doing this on purpose to steal traffic.
     
  2. Penguin Man

    Penguin Man Protect Your Digital Liberties

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    I guess you'd have to take the competitor to court like Madonna did with the guy who took madonna.com or TimeWarner did with all Harry Potter-related domains. I would think that you'd only be successful if your company name is trademarked (Madonna's first name is trademarked).

    Check www.wipo.org.
     
  3. TheDarkHorizon

    TheDarkHorizon \xC0\xFF\xEE

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    Wasn't there that one big thread a few months ago (or even longer than that) where someone registered the domain name of a car dealer, and the only reason why he was able to avoid legal trouble for so long was because he claimed it was the name of his car club? I don't really remember the details, but in my case since they're obviously using it to forward it to their own site, I was thinking there was something I could do.

    Anyways, thanks for the link. I'll read it in a bit when I get a chance.
     
  4. Rob

    Rob OT Supporter

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    :rofl: That was a good thread by Comrade Flynn, IIRC.


    I am not sure how it all turned out. But I think what people try to do now is, settle out of court for a smaller amount of money. That way both parties can avoide large legal fees.
     
  5. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    I think the whole concept is bullshit. having a company named foo (even if it's trademarked) doesn't automatically confer the right to own everything having foo in its name, and sure as hell doesn't automatically give you the right to own every domain name foo.*.

    Bullshit "judicial legislation", where judges create new de facto laws out of thin air is the only reason there's even a controversy over it.

    If you want "blah.net" then e-mail the person who owns it and ask if you can buy it from them. Don't be a dick.
     
  6. Astro

    Astro Code Monkey

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    Its a trade name issue and it can be a rather serious one at that.

    Check this out - if you start doing business as "Ford". And Ford for some reason doesn't find out (remember, this is just pretending here). Lets also say after several years of huge success selling widget X and your company some how manages to get name recognition, you legally could go after the original Ford for doing business as "Ford" and infringing on your trade name. If they haven't registered their trade name as "Ford", you'd have an even stronger argument to take them to court and force them to stop doing business as "Ford". All it takes is a good chunk of money and some really good lawyers.

    This is why companies are out to protect their name. This is why you see Mini USA (the BMW + Chrysler mix) going after anyone with "mini" in the domain name (back in July/August '03 if I remember correctly). This is why "foo" will go after anyone with "foo" in its name and the reason why the foo company will win.

    Another example: Down here in southern Akron, a college guy started up the Harddrive Cafe. Its an Internet cafe which also coordinates network gaming nights (lan parties). I don't remember the specifics, the guy registered the name "Harddrive Cafe" in the state of Ohio and he did it in the early 90's. The folks at Hardrock Cafe were about to built their restaurant in downtown Cleveland and discovered Harddrive Cafe's name. They went and sued over name infringement. The guy at Harddrive Cafe said bring it on. The reasoning was Harddrive Cafe was registered before Hardrock Cafe was in the state of Ohio. Legally, this guy could go after Hardrock Cafe for name infringement (but would only effect restaurants in the state of Ohio). I believe after a couple letters and the realization that Harddrive Cafe was registered first and in a business that was not related to Hardrock Cafe, the rock folks backed down. In the end, Harddrive Cafe got a lot more press and more business and it successfully protected its name (and in theory could have gone after Hardrock Cafe, if they wanted to).
     
  7. Joe_Cool

    Joe_Cool Never trust a woman or a government. Moderator

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    My point is that DNS is not governed by trademark law. That's only a recent development proceeding from bullshit court orders in the overzealous trademark litigation. Copyright and trademark govern usage only in a specific context - not across the board use of a term.
     
  8. Astro

    Astro Code Monkey

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    All domains are are names. Names just refer to an IP address which points to a server that hosts a company's site. The site itself has branding on it, which usually fall under trade name rules. If the domain name itself is not protected, its possible a company could argue that since Ford did not get Ford.com, they have no right to use the name Ford. This probably hasn't been brought up in courts, but it does count as a use of the name and if someone is using the name without your permission, you do have a right to protect it.

    What I hate is the stupid people that buy 5000+ domains and then try selling them off to the highest bidder. I hate those people as much as I hate spammers.
     
  9. Woodmaster

    Woodmaster New Member

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    if someone is stealing or messing with your domains you can get it back.. ICANN regulates all of it.... you may have to file a claim with them first before anything.. http://www.icann.org .... they usually resolve claims. Good luck
     
  10. michelin man

    michelin man IDB Construction

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    In compliance with a ruling issued by the United States District Court
    in Los Angeles on November 14, 2002, in the lawsuit of
    Nissan Motor Co., Ltd. v. Nissan Computer Corporation,
    this web site has been converted to non-commercial use.

    Sincerely,
    Uzi Nissan
    [email protected]
    www.nissan.com
     

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