Domain Name question

Legalities

[Amador]

Hello,
New here but hoping somebody can answer my question please.
I have just registered a domain name as a .com and .co.uk.
Stupidly I forgot to check whether or not somebody was already using the name for any other reason and discovered there is a Facebook page under the name.
I am not sure what to do now as I don't want to have any action taken against me.
Many thanks for any help anyone can give me.

[Webwork]

Hello Amador. Welcome to WebmasterWorld.

Unfortunately, the question you ask requires greater detail to answer intelligently AND, providing such detail, may serve as the very action that gets you into hot water.

Also, you are asking for a legal opinion. This isn't the place or the proper way to get a legal opinion that you can rely on. Intelligent (useful, reliable) legal opinions require "full disclosure" (of ALL details), confidentiality (attorney-client privilege) AND a listener who is an experienced attorney.

My advice: Talk to a local lawyer / solicitor / barrister.

[Amador]

Hello Webwork,

Many thanks for your reply. It is more complex than I thought and I am now in the process of trying to cancel the domains. I won't forget to check in future : )

Thanks again,

[Kendo]

Whoa! You registered a .com and a .co.uk and now in trouble because of a FB page?

Can you please share how this can ever be a problem?

[Amador]

Hi Kendo,

Thank you for your reply.
I was hoping someone would be able to tell me whether or not this would be a problem as someone already has the name as a Facebook page : )
I'm not in trouble at the moment. Are you telling me that there is no problem?
Thanks for your help

[Amador]

Hello again Kendo,

I have received a reply from the Registrant who has assured me there would not be any suspension or legal action in the future so I am keeping the .co.uk as it can't be cancelled anyway but have cancelled the .com anyway so that I can think of another name : / as I have no wish to upset anybody unnecessarily!

Thanks again for your help,

[not2easy]

Facebook pages are not the same as a registered domain. This is because any person can create a Facebook name without having registered a trademark - but if someone owns the Trademark for the name they choose, then the owner can have Facebook remove the page. Facebook is not a registrar, they require no documentation of ownership to use a name, and leave it up to the legal owners to take action.

This is the reason that it was suggested you get legal counsel in the location where you plan to use the domain. They could research the domain name and tell you whether there might be other prior claimants for the name. Laws are different around the globe so we do not offer legal advice here on the forums.

[Amador]

Hello not2easy,

Thanks for your reply. As far as I know there is no Trademark. It is just a Facebook page. I cannot cancel the .co.uk domain anyway. It is not allowed. So what will be will be!

Thanks for your help.

[TorontoBoy]

You should not be able register a domain name unless it is unique to the world. The registrar would have checked its uniqueness. Otherwise your domain name would be rejected.

[Amador]

Hello TorontoBoy
Thanks for your reply. There was not a problem with registering the domain names. They are unique as domain names. I was only worried as after I registered them I saw somebody had a Facebook page using the same name which they had before I registered.
All is sorted out now. I have cancelled the .com and been refunded and as I cannot cancel the .co.uk whatever will be will be.
Thanks for your help.

[Kendo]

You should not be able register a domain name unless it is unique to the world. The registrar would have checked its uniqueness. Otherwise your domain name would be rejected.

They check availability of names only. They do not check registered trademarks. Anyhow, the trademark registration needs to apply to the country associated to the domain type to be a concern.

One domain name of ours was trademarked in UK. It also happens to be our product name. They tried to cause a stir, but we just laughed because they registered much later than us. In the USA things can be different.

The name of a Facebook page has no influence on anything at all. If it did, all of the copy cats that borrowed our company name and domain names would be hiding in a cupboard.

[Amador]

Hello Kendo,

I am glad the name of a Facebook page has no influence on anything at all - I don't really want to spend the rest of my life in a cupboard : )

I did try to research if the name was trademarked in the UK - as I am in the UK - and as far as I can see hopefully it isn't as I have certainly registered later than them!

Thanks again for your help.