homepage Welcome to WebmasterWorld Guest from 54.226.93.128
register, free tools, login, search, subscribe, help, library, announcements, recent posts, open posts,
Subscribe to WebmasterWorld

Home / Forums Index / WebmasterWorld / Domain Names
Forum Library, Charter, Moderators: buckworks & webwork

Domain Names Forum

    
Major hotel chain grabs our domains
domain names,take domain name
johnlim




msg:687812
 2:12 am on Dec 4, 2004 (gmt 0)

We register a domain something like holiday-inn-booking***.com at Mar, 2004, (valid till Mar 2006)

Then at Nov. 2004, InterContinental Hotels take our domain, change the DNS etc...without notice us.

We are angry, as it is against the law, if they want it then they should buy it, right?

I have contact our registar and no reply yet. what should I do? Is it possible that we can get compensatin from InterContineal Hotels?

 

johnlim




msg:687813
 2:30 am on Dec 4, 2004 (gmt 0)

Anybody know how to deal with such issues?

tedster




msg:687814
 2:52 am on Dec 4, 2004 (gmt 0)

If you want to contest this, and I can understand why you would, you should get your own legal counsel. Anything you read here would be lay opinions only, and not a place to put your trust or your future.

Please note the Forum Charter [webmasterworld.com]:

Trademarks and Legal Advice
There is only one place to go for legal advice - your own lawyer.
While members may point out the possibility of legal issues or
discuss recent court rulings, etc, no legal advice should be
requested or given on this forum.

walkman




msg:687815
 3:32 am on Dec 4, 2004 (gmt 0)

"Anybody know how to deal with such issues"

yeah. Don't register the names to begin with. Holiday Inn is THEIR name, they spend hundreds of millions of dollars building their brand and someone else having holiday-inn-booking***.com harms that. If you ask them for money for their own name, you open a whole new can of worms /dig a deeper hole with cybersquatting
[bizjournals.com...]

snsh




msg:687816
 4:51 pm on Dec 5, 2004 (gmt 0)

For a domain like that I consider you lucky to get six months out of it, and lucky that they took the domain quietly without a messy lawsuit.

In my opinion, you could run a site like holidayinn + reviews and call it fair use, but holidayinn + booking is bad-faith infringement on a registered mark for hotel services which include booking services. Be careful.

submitx




msg:687817
 11:59 pm on Dec 5, 2004 (gmt 0)

If you had registerd a domain that included a Trademark term, then you had no rights to it in the first place. However, if the domain has your Trademark then you can go through ICANN Domain resolution policy to get it back. If neither you or the company taking the domain has the Trademark, then you probably can't get the domain back.

davezan




msg:687818
 2:32 pm on Dec 6, 2004 (gmt 0)

I'm not an attorney but I'll share what I know.

First, Tedster said it best: get legal counsel if you feel you have the time, money, and
sincere belief the domain/s are yours to do as you see fit.


We register a domain something like holiday-inn-booking***.com at Mar, 2004, (valid till Mar 2006)
Then at Nov. 2004, InterContinental Hotels take our domain, change the DNS etc...without notice us.

It is every potential domain name owner's responsibility to find out if the name they want
has the potential to infringe on someone else's trademark. No one else will do it for you,
but there are entities who can make your trademark research easier...at a price.

Unfortunately they don't have to notify you about it. But the dispute resolution provider
the complaining party chooses to mediate the dispute will notify you, at the very least.

Unfortunately if your domains' contact info is not updated, you definitely won't get any
notice about it. Incidentally, keeping your domain's contact info updated is one of your
responsibilities as a domain name owner.


We are angry, as it is against the law, if they want it then they should buy it, right?

Second, there are no laws dictating what's "legal" and "illegal" regarding domain names.
But there are limits.

One looming limit is the use of trademarks, since trademarks, at the very least, apply
to words and phrases. Thus, they can apply to domain names as well.

They could've considered buying it from you...if they wanted to. But some, out of
principle, would rather fight for them.

In reality, though, principle and ego are nearly indistinguishable.


I have contact our registar and no reply yet. what should I do? Is it possible that we can get compensatin from InterContineal Hotels?

Here's what you can do:

1. When you're done venting, take a deep breath and relax. It won't do you good to
lose your head.

2. If you really want people here to help you out even though we're not attorneys,
perhaps you can provide more info. But again, like Tedster said, you probably should
retain legal counsel for this, especially one well-versed in these matters.

3. Your registrar will most likely have locked the domains in dispute if they received any
Court or UDRP notice about it. Your registrar is under NO obligation to tell you about
it, but again the mediating provider should notify you if your contact info is updated.

It's possible to get compensation from the complaining party, yes. But it's also possible
they'll sue you for damages, too.

Expect the worst case scenarios and prepare for them is the best I can tell you to do.

Global Options:
 top home search open messages active posts  
 

Home / Forums Index / WebmasterWorld / Domain Names
rss feed

All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Home ¦ Free Tools ¦ Terms of Service ¦ Privacy Policy ¦ Report Problem ¦ About ¦ Library ¦ Newsletter
WebmasterWorld is a Developer Shed Community owned by Jim Boykin.
© Webmaster World 1996-2014 all rights reserved