Using my domain name for profit

[momoftwo]

Okay I bought a domain name back five years ago lets just say example.com and didn't think anything of buying up the example.net or others. I have spent lots of money on this domain advertising it on my signs, putting it in the paper, on every publication I put out and even sending out generic postcards with location, location, location and the website name. I get quite a bit of traffic through it, and rank high in the search engines usually first page. 75% of my business comes from this site. I was taking a marketing class this year that said to buy up the .net,.info, etc. so no one else got it. Guess what? Too late. Someone who called themselves my friend bought it up and for the last year has that domain directing to her site. This is just not fair. Had noticed her clients kept calling her my name and couldn't understand why, they are nothing alike. Even over heard it on the phone one day, and she said, I don't know why but I get called you all the time. She's basically living off of my scraps but its costing me money. So expensive to fight it, and don't know what to do. Any suggestions?

[edited by: Webwork at 7:47 pm (utc) on Aug. 3, 2008]
[edit reason] "Example.com" is our favorite "for example" domain [/edit]

[janharders]

Ask her nicely. Thank her for securing the domains since you had forgot it, reimburse her generously with a nice present or something and try to get the domains without a fight.
If that does not work out, check out the trademark-situations (if your registered a trademark), that might be an legal angle.

[StoutFiles]

Ask her nicely

She obviously knew what she was doing when she bought the names; you will have to fight her to get them back. If you can't get them back, make sure you start pressing the .com in your name. A lot of people don't type in the .net or .org unless they aren't sure.

[momoftwo]

Thanks guys,tried nicely doing this offered to buy them. She said no I could just take her to lunch she would give them back if that bothered me that bad. Three weeks went by and she was always too busy or forgot. Got tired of being nice. Have sent out a cease and desist letter and from what I hear she doesn't think I can do anything about it. I might not win but I can file with ICANN. I successfully worked hard and lots of money into my site since 2003, to find out that in June,2007 she went and bought the .net. Just not fair how people will do you, this is someone I helped along the way, gave clients to because she had nothing. This is the repayment I get back! Now its going to cost $1500.00 to fight this just for ICANN and most of the website lawyers I've read on its going to be a minimum of $3500.00.

[Fortune Hunter]

Have sent out a cease and desist letter and from what I hear she doesn't think I can do anything about it.

I am not sure there is anything you can do about it. She legally registered the names and unless you have some type of trademark that would prevent her from using the actual name, i.e. example.com or example.net

Now it is possible that with a sharp attorney you can prove she knew what she was doing and did this in a deliberate way as to cause you injury. I am no attorney, but a good one can probably make legal hay out of that if you want to pay the bill.

I had a client about 8 years ago that was in the mortgage business. He had used his company name all over the state in various advertising outlets, but never registered the domain. He also didn't have the name trademarked. When we went to set up a site for him we discovered that his competitor had already grabbed the name. He called a trademark lawyer but the attorney said unless the name itself was trademarked there wasn't anything he could do unless he wanted to have a full out fight and hope for a sympathetic jury, but the expense of this would have been outrageous.

[momoftwo]

Read this court decision and you tell me what you think. I feel that with a good attorney he can prove that I have built a service mark with this website.
[wipo.int...]
Click on it and tell me what you think

[StoutFiles]

I still don't understand how you're losing that much money off the .net or .org domains. Besides the fact that .com is typed in automatically without even thinking about it, they will only mess up once before they go "oh yeah, it's a .com like every other website, why did I ever use one of those other extensions?"

If she pretends she's you and your site then go after her. But I think this is really a matter of revenge for you and that's why you want the domains so bad. Let her have her fun with them and stop communications with her because she's a pretty awful person; the time and money it would take to get those extra extensions can't possibly be worth it.

[callivert]

good point Stoutfiles, this seems like something that is not worth the trouble. The typo traffic would be a trickle at best, and any work she does on them is only going to enhance the .com (because of typos the other way, to the .com).

Why not just laugh at her and her pathetic attempt to rip you off? She knows the truth. She has access to the traffic reports for her .net and .org domains, and they are most likely pitiful.
In the future, if anyone asks about the .net and .org, just chuckle ad tell them about the loser who thought she'd get a free ride on your name.
"Last time I checked, they're still there," you can say. "I bet she's making at least a buck a week."

[Fortune Hunter]

just chuckle ad tell them about the loser who thought she'd get a free ride on your name.

Good call, you can probably have a field day turning this into a PR nightmare for her. If you really want to get serious you can create so much bad press for her that she crawls under a rock and tries to forget she ever attempted this. It will be more fun and cheaper.

Put out some press releases, do a few interviews on local radio stations, drop a few articles in local papers, publish accounts of what she is doing on your web site, hold sales promotions, i.e. "Is it real or is it Memorex" I can think of a bunch of stuff that would make you the real deal and make it super obvious that she is some uncreative has been that can't come up with her own stuff.

[momoftwo]

Like your idea guys!Yeah, an older realtor in my office said she won't last, you will, don't waste your time,energy or money. Thought about running an ad sayting www.Countyrealestate.COM- don't be fooled by imposters there's only one or something like that.

[tomda]

I think Stoutfiles is right, do not loose your time with her... I am sure she get no trafic with .net & .org

But regarding the other issue, saying she is pretending to be you and your company, I would definitely consult a lawyer because she definitely can't do that !

[walkman]

the .com is king with Capital K, as others pointed out. Ignore it for now and don't send C & D just yet. Embarras her into giving them (I thought were friends, I spend so much money, I feed my family on this et etc) .

[momoftwo]

Thanks walkman but tried that, she stated she doesn't get anything from it so she don't know why it bothers me so badly but yet she refuses to turn it over. If it doesn't make anything then why would you hold on to it?

[StoutFiles]

If it doesn't make anything then why would you hold on to it?

Since you seem to want them so badly, she thinks they are now valuable. Which they are...because you want them.

She must think you'll either pay her a lot of money for them in the future or someone else will...but really, forget about it. Stop talking to this horrible person and don't worry about those pointless extensions unless she pretends to be your company. You could be using this time to enhance the .com, the only extension that really matters.

[webdoctor]

www.example.COM- don't be fooled by imposters there's only one or something like that

Q: Why would you want to draw attention to the fact there might be a live site at example.NET?

My advice is keep quiet - don't start telling potential customers that there are imposters out there as some of them will be curious, might find and visit example.NET, might click a few ads, and if they do so will make some money for your "friend".

[edited by: Webwork at 1:27 pm (utc) on Aug. 11, 2008]
[edit reason] Removed domain reference [/edit]