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Domain Names Forum

    
about the domain competion
i am registed the name at first
webon




msg:694032
 5:16 am on Jul 18, 2004 (gmt 0)

hello,

i have problem here regarding the domain name.

i have taken the name at first, and recently (after 3 months)i found the same name with 1800***.com has been using to forwarding to a site which at same business with me.

ps: their 1800***.com is registed after 4 months of me

due to this site is a major competitor, and i am about the time to release my site. so kind of worry about this. also consult with someone knows the law, they suggest that i should send a laywer letter to inform them to stop such action.

so is there anyone has silimar situation like this? and is that the case i should contact with them?

 

Christopher C




msg:694033
 5:51 pm on Jul 18, 2004 (gmt 0)

Well if you can show that your competitor took the domain in question in order to cybersquat your intellectual property, then it sounds like you might a legitimate gripe.

However, a few things pop into my head when reading your post. It sounds like you haven't yet released your own domain but your competitor has. Forwarding traffic is something a lot of people do, it's a smart thing to do. Can you show that he/she is only doing it to steal your traffic? Do you have a trademark on the domain? Did you have it before they started forwarding it? Did they find out about the domain through you & can you prove it?

Second, if you liked something about the domain for your niche, it's entirely likely so did your competitor. For instance, 1800widgets.com has obvious value to all widget companies. If your competitor picked up and forwarded a domain that has generic value like this, there may be nothing wrong with that. If they did something like forwarding yourcompanytrademarC.com where the "C" was a typo then you'd have a much stronger case.

Lastly is it even worth pursuing it? If you haven't released yet maybe you're better off moving to a new domain and just forwarding the one you currently have.

At any rate, I think you're on the right track in talking with your lawyer.

webon




msg:694034
 7:15 pm on Jul 18, 2004 (gmt 0)

Christopher

thanks for the post.

1. this is not a sigle word domain name. so i don't think it is a silimar case like 1800widgets.com you mention, this is 2 words combination domain name. it is unqiue, obviously they try to stealing the traffic from me.

fox example:

if i have the name widgetsnow.com at first and also try to do the business at same area, and the person get 1800widgetsnow.com then forwarding to their exist site behind me, do you think they will be the case?

2. i haven't trademark the name yet due to the timing problem, but i will do that. (the whole process may take 1-2 years)

3. a friend just graduated from law school, all he told me that the case is very simple if you take the name at first, then you have much more chance to win the case just depending on how big the case is and it is worth to deal with it.

4. my situation is here i don't have much time to deal with it due to i am to focus on my business, but I do think right now will do some legal action for that.

any post welcome

blaze




msg:694035
 6:38 am on Jul 20, 2004 (gmt 0)

Simply getting a domain does not confer any trademark status.

If hey release into the public before you did then he could probably go after you for trademark violations .. not the other way around.

Leosghost




msg:694036
 10:50 am on Jul 20, 2004 (gmt 0)

You have a problem here ..You say trying to steal traffic from you ..
But as your site isn't live you have no traffic to steal..
I am presuming that as they have a domain name with a 1 - 800 prefix that they have some money to play with to pay the phone etc ..sending them a threat of court action because you were too slow to actually use your "name" could get you into a legal battle that you may not win ...

always put up at least one page for any domain name you have with enough text to get you started on the road to page rank ...and also to establish "trading" date in case someone does this ..

Christopher C




msg:694037
 4:14 pm on Jul 20, 2004 (gmt 0)

>>4. my situation is here i don't have much time to deal with it due to i am to focus on my business, but I do think right now will do some legal action for that.<<

As far as I know this is really a contradiction, if you want to go the legal route & your competitor does well. It's going to be long and also expensive.

The only cheap thing you could do I suppose is have your lawyer draft a strongly worded letter and send it to them in the hopes they will just give up the domain. If I were in their shoes though, I probably wouldn't be too concerned.

You don't have a trademark on it (getting one doesn't help as they were using the domain first, it would only block future uses). You haven't released your site yet and further, at least arguably, 1800+two+keywords could easily have been discovered anyways. It's not 1800+mycompany.

ogletree




msg:694038
 4:19 pm on Jul 20, 2004 (gmt 0)

It seems to me they will have a better case saying you are stealing traffic from them. Just rank higher than they do.

webon




msg:694039
 3:50 am on Jul 21, 2004 (gmt 0)

ogletree

>>It seems to me they will have a better case saying you are stealing traffic from them.

the case is i got name first, and also have release one page site before they use that 1800name forwarding to their another site.

on my page "there is notice that the site is underconstruction"

So that is mean i registed the name first, and also release the site first.

thanks anyway.

....

webon




msg:694040
 4:25 am on Jul 21, 2004 (gmt 0)

Christopher C

thanks for the post, due to the competition, everyone would like to go the most popular or most profitable section on the internet. and that is why i am so concern for this.

a good also brandable dot com name is not easy to get it, and when you are almost ready to do the business on that, somebody try to stealing the business from you use the way like this (allow me say like this, cause i don't know how to definition
such case). Actually i have done some reasearch before i take the name, and may sure nobody use silimar name, no such company, and name is unique, and at that time i can also take that 1800 prefix name, just because i don't have that number, and i haven't concern that they are also interested to use it.

and thing is happen while i am still developing my site (as you know, it take more time to release a fully e-com site), when i do some search on google, suddenly found they use the name forwarding the traffic, at that time i was so angry...

Actually i have hosted my site at March (name registed in Fed), and at that time, the site still under testing, due to consider the search engine matter, so i just release one single page which showing some word like this "web site is still under construction, will release soon".

and they do the forwarding thing is happen on april at the time they take the name. not only

1800myname.com, also 1-800myname.com, 1-800myname.net, 1-800mysite.org, all names have been forwarding to their old site.

and at that time, i am kind of cofunsed coz i don't think they won't checking the related names before they release the names, i have the main name already and also release the notice on the site, they are a big company how come still doing the things like this?

PS: i have all the domain name registation record, and invoice from hosting company...

under such case i consulting with a friend, he is a first year laywer, and they
told me such situation all depending on who take the name first,
then that person will have much much more chances to win the case. but the thing need to
find a solution fast, otherwise the situation will become complex... you know it will be
expensive...

right now, i still consulting with professional, and will have furthur action to protect my business.

thanks

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