Is this legal? Domain name question

Someone is using the plural of my domain name

[nostrodamned]

Hi,

I was wondering if someone can offer some advice.

I registered the domain name widgetbox.com in April 2002, and I have just found the site widgetsbox.com which was registered in Octobe 2002.

What is my legal standpoint here? widgetbox is a business which i have underdevelopment along the lines of widgetsbox, but my site isnt live yet.

What are my options here?

I may be willing to sell the domain name for the right price but dont know whether there is a copyright issue somewhere.

Thanks for any advice

:)

[edited by: nostrodamned at 11:20 pm (utc) on June 22, 2003]

[Jenstar]

Welcome to WebmasterWorld. You will need to remove the URL as it goes against the TOS.

From a legal standpoint, because your site has not been developed, I think you wouldn't really have a case, and especially if you would be willing to sell the name "for the right price". And the legal fees probably wouldn't be worth the effort, either. You could file a claim with WIPO or ICANN, but I would doubt you could win, and you would be out the $1500 to do it.

[cabbie]

Unless you have a trademark on the name you have no chance.Even with a trademark you probably wont win and as Jenstar said will cost you $1300-$1500 to find out.
If the other site is developed and bona-fide you could offer him your domain for a price.

P.S. Welcome to webmasterworld.

Alan

[nostrodamned]

What would be the standpoint if i launched a similar site on my domain name?

[nostrodamned]

PS thanks for the welcomes :)

[peewhy]

The downside is that the owners of the other domain could say or prove that they have traded for a period and indeed it was you that obtained the domain at a later date.

You are going to need long pockets and plenty of time ;)

[cabbie]

As I see it you have every right to put a similar site up.Even if the other domain owner has a trademark (which is unlikely) you can still claim to have had registed your site before he did.Go for it.
I am not sure that it will give you any leverage,though,in trying to sell him the domain,unless you can match or beat him in the serps.
Cheers Alan

[peewhy]

I have a .co.uk domain which I registered way back in 1996/7 when good domains were easy to get. I constantly get offers to purchase and although one company is limited with that name, I'm sure they would have taken legal advice before their diplomatic and polite approach.

I did however set up a site and traded from it immediately after registration, so that may be in my favour.

I'm not passing off as the company and we are not (yet) locking horns.

[nostrodamned]

Thanks All,
I have contacted the site owner so we will see how it goes :)