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Could a company take away my domain name?

copyright problems maybe ...

     
12:55 pm on Dec 7, 2006 (gmt 0)

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Hello.

I think I cannot specify domain names here so I will try to explain without specifying domain name.

I have a .com domain that is composed of 2 words
a company's name + a company's product + .com
So It is a string scheme like: MicrosoftOffice GoogleAdsense
This is a very big GFX and WEB development software company.

I paid $1000 for it a while ago when the company didn't owned this product name so those 2 words didnt meant much that time, now they do.

The company owned other domains with same scheme (company+product+.com) for other of their products, those other domains are linking to their page.

I wanted to know if the company can legally take away the domain from me without my consent.

Thank you.
- Adrian.

1:01 pm on Dec 7, 2006 (gmt 0)

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you still knowingly registered it with part of the company name in it so i imagine they could have it off you if they like.

soz, but thats my best opinion on it, so you may be out of luck

1:23 pm on Dec 7, 2006 (gmt 0)

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I actually bought it from someone and didnt register it myself first but I am sure it is the same thing.

[edited by: adrianTNT at 1:23 pm (utc) on Dec. 7, 2006]

[edited by: Webwork at 11:50 pm (utc) on Dec. 15, 2006]
[edit reason] WebmasterWorld TOS - Please avoid "communicate by sticky" posts. [/edit]

3:45 pm on Dec 9, 2006 (gmt 0)

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Your names can be taken away.
8:48 pm on Dec 15, 2006 (gmt 0)

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OK.

<Snip>

[edited by: Webwork at 11:52 pm (utc) on Dec. 15, 2006]
[edit reason] Charter [/edit]

1:24 pm on Dec 16, 2006 (gmt 0)

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just curious, what was your intention when you bought the domain?
11:25 am on Dec 29, 2006 (gmt 0)

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I bought it because I was expecting it to have a better value (I think it does now), my other websites are also related to same category (web design) and I could use it (I use it now), but don't mind selling it for more than I paid for but advertising income is also good so I will probably keep it until the company wants to take it :(
1:22 pm on Dec 29, 2006 (gmt 0)

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I can't quite decide if this advice is sleazy or not but here goes: You could maintain the registration with no more than a landing page showing your contact info. Then wait for the company to send you nastygrams. At that point, you can offer to settle for your original $1000, because the company knows that their lawyers would go through that amount and much more in the process of simply preparing to harass you.
4:34 pm on Dec 29, 2006 (gmt 0)

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Thanks luckychucky, this is something else I didnt knew:

the company will have to sue me to take the domain away or the registars just transfer the domain to them without my consent?

If they will have to sue me then I am sure 1000$ or even more will be a good price for them to avoid all the lawyers and other wasting of time and money.

The company is <snip> btw :)
// admins delete this company name if is not proper that I mentioned it.

[edited by: adrianTNT at 4:36 pm (utc) on Dec. 29, 2006]

[edited by: Webwork at 5:28 am (utc) on Dec. 30, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]

5:24 pm on Dec 29, 2006 (gmt 0)

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the company will have to sue me to take the domain away or the registars just transfer the domain to them without my consent?

Now that I think of it, I seem to recall it's pretty easy to contest a cybersquatter's domain registration, and unless I'm mistaken, it can all be done without a lawyer.

They simply file a complaint for arbitration with ICANN. You get to write out your side of the story to submit in defense of the registration. However, if ICANN rules in the other party's favor then you lose the domain - unless you hire a lawyer to give them grief and start up the battle.

Somebody please correct me if I don't have all my facts straight, but I'm pretty sure that's how it works.

5:36 pm on Dec 29, 2006 (gmt 0)

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Oddly before you even mentioned it I guess <snip> :-)

personally I see nothing wrong with that with such a big company..

The trouble with big companies is they also have the money to go to arbritation and even although you may offer them a price which is lower than the cost of that process they can quite easily take the position to pay more to someone else rather than pay someone they may see as a squatter...

My best guess is that they may go for a price around $2000 and although normally posession is the advantage I would suggest your position is more likely to be 50/50 ...

[edited by: Lobo at 5:37 pm (utc) on Dec. 29, 2006]

[edited by: Webwork at 5:29 am (utc) on Dec. 30, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]

5:51 pm on Dec 29, 2006 (gmt 0)

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<Snip>

luckychucky, I am sure I don't have a chance to win if I get sued.
I guess I have to wait and see. Maybe they will ask me to pay them the money I made by the ads on this site :)

[edited by: Webwork at 5:30 am (utc) on Dec. 30, 2006]
[edit reason] Please drop the mentioning of specifics [/edit]

4:55 am on Dec 30, 2006 (gmt 0)

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I guess your question's answered. But it would've been answered sooner if you took some time to read your registrar's fine prints.

Some provisions indicate how and why that can happen.

And don't count them on willing to pay you. They might even sue immediately without giving you a chance to settle things before that.

David ;o)

5:31 am on Dec 30, 2006 (gmt 0)

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If there's confusion and you knowingly bought a trademarked name as an "investment" then it's cybersquatting and there's not a snowball's chance in hell that you'll get to keep it. Simply explained here

Chilling Effects [chillingeffects.org]

Maybe they will ask me to pay them the money I made by the ads on this site

No, not that amount of money. Damages for using their trademark in bad faith anywhere from $1K to $100K

[edited by: Marcia at 5:36 am (utc) on Dec. 30, 2006]

9:58 am on Jan 18, 2007 (gmt 0)

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Marcia, thanks for posting that link - that was really good.
 

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