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Misuse of domain name?

         

gavinmcnamee

3:49 pm on May 17, 2007 (gmt 0)

10+ Year Member



I was wondering if anyone has any advise of domain name miss use?

I'm building a website for a friend and when I went to look for the domain name. Someone had already purchased the .co.uk version and 1 page website with details of my friends business. But they included a false phone number with the intention of directing customers away from the business.

How can I have this site removed? I have talked to the hosting company, but they advased me to talk to nominet. But, when I talked to nominet, they advised me to talk to the hosting company. I'm not sutr what to do? Can someone plese help?

briggidere

4:00 pm on May 17, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



does your friend have any trademark rights related to the domain? As well as that they had the domain before you.

If not i doubt there is a lot you can do about it, but i am not a lawyer, so i could well be wrong.

encyclo

4:48 pm on May 17, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Speak to a lawyer. This isn't really an internet problem as such, imagine a cold-caller came to your door claiming to be from a big company when in fact they work for someone else.

A lawyer will be able to tell you if the other company are behaving in a fraudulent manner, and then (assuming you can identify the culprit), you can attempt to take action against the company in the civil or even criminal court (if it is considered fraud).

gpmgroup

7:46 pm on May 17, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It depends on the nature of your friend's business name and how his business relates to that name.

It is really easy to get incorrect advice from a domain forum so you need to seek professional advice irrespective of whether or not your friend has a trademark.

gavinmcnamee

1:32 pm on May 18, 2007 (gmt 0)

10+ Year Member



Basically the other person doesn't have a business. They are simply trying to destroy my friends business for whatever reason. But I can't get info to find out who's doing it?

webdoctor

3:46 pm on May 21, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



But I can't get info to find out who's doing it?

Have you looked up the WHOIS information for the domain? Are the registrant details real or fake (or indeed withheld)?

DamonHD

4:07 pm on May 21, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



This can be known in the UK as "passing off" as another business or individual, eg to damage the good name or steal the business of, an existing trusted business.

IANAL

You might wish to speak to Nominet about since (a) Nominet cares and indeed had to fight its own "passing off" battles not so long ago and (b) control .co.uk.

[nic.uk...]

Rgds

Damon

Disclosure: I was an early founding member of Nominet and think that by and large it does its job very well.

[edited by: DamonHD at 4:09 pm (utc) on May 21, 2007]