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Australian company demanding I transfer my domain to them
Are they entitled to this
jmorgan

5+ Year Member



 
Msg#: 4491709 posted 11:19 pm on Sep 5, 2012 (gmt 0)

Very big Australian (billion dollar) company has a product "widgets".

I own the domain widgets.com which has content about "widgets".

They say I am infringing their rights and have demanded (using their lawyers) that I transfer the domain to them.

Are they entitled to do this?

Note that we are talking about widgets.com and not widgets.com.au, which if it was the latter, I would say they would be entitled to request this since Australian laws are different when it comes to .com.au domains.

For the record, I am an Australian so they could easily look me up if they wanted to.

 

matrix_jan



 
Msg#: 4491709 posted 11:44 pm on Sep 5, 2012 (gmt 0)

Under which country is the domain registered?

If it's about "their widgets," then most probably you're in trouble. Your best win will be keeping the domain without any mentioning of "their widgets" in it (think nissan.com). If it's registered say in Lichtenstein, then good luck with taking the domain from your hands ;)

BeeDeeDubbleU

WebmasterWorld Senior Member beedeedubbleu us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 4491709 posted 7:15 am on Sep 6, 2012 (gmt 0)

Is the product exclusive to them or are there other companies where you can get "widgets"?

jmorgan

5+ Year Member



 
Msg#: 4491709 posted 3:58 am on Sep 7, 2012 (gmt 0)

No it's not exclusive. In fact, it's actually a fairly generic term. I could get a lawyer to make a fair case for keeping the domain but I don't have the time or money to do this.

BeeDeeDubbleU

WebmasterWorld Senior Member beedeedubbleu us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 4491709 posted 8:23 am on Sep 7, 2012 (gmt 0)

From what you have told us (generic term) I would say that you don't need a lawyer, they do! ;)

Let's see if we have this right. Is the situation something like you having books.com and Amazon claiming the domain name?

Leosghost

WebmasterWorld Senior Member leosghost us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 4491709 posted 10:16 am on Sep 7, 2012 (gmt 0)

It is mostly going to depend on if they have registered it as a trademark in Australia..and what for..and what you are doing with, it if they have..

That will determine if they would be successful if they make a complaint to ICAAN ( actually it is usually WIPO who deal with it )..who then appoint a "panel"..whose members are the ones ( sometimes it can be a "panel" of one :-) who get to decide...

Here is a link ( In English as opposed to French for a a change ;) to a case that I was looking at yesterday..read it carefully , it will give you an idea of how it all works and what are judged, as criteria, to reassign a domain name, to someone other than the original registrant..

[wipo.int...]

HTH :)

bhartzer

WebmasterWorld Senior Member 10+ Year Member



 
Msg#: 4491709 posted 12:13 pm on Sep 7, 2012 (gmt 0)

This sounds like reverse domain name hijacking by the company. If you owned the domain before they got a trademark on the name, then you did not register it in bad faith.

Even if the name is trademarked, if you registered the domain before the tm application, then you are entitled to the domain.

Look up the recent saveme.com udrp decision, it is just like what you are describing.

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