Welcome to WebmasterWorld Guest from 220.127.116.11
Whois reports that the person, which registered the plural, is in the Bahamas.
How should I proceed in closing this down, if I can?
joined:Dec 29, 2003
They are just displaying ads for the same industry products for the ppc money.
It would be similar to a site called microsofts.com serving ads for computer software of all types.
The name is absolutely unique to this client as it is a unique spelling. A uspto.gov search turns up that the client actually has the plural name trademarked and not the singular!
I am in the domain aspect of this business and can tell you that your have little recourse unless the name is unique AND you can show the other parties registration was in bad faith .
..simply because your client owns "a" trademark for the same name ...even if it's identical means very little unless the name is "well know" unles the name is "unique" and unless the name is being used in bad faith (is the other company selling the same product? have they attempted to sell your client the name?) .. these are things that a UDRP panel wil look at..
There can literally be hundreds of trademarks for the exact same name.. hundreds.. and each has a right to protect their name and image under each respective trademark..
To say your clinet has a trademark therefore we want to close down the plural domain ..simply has no merit UNLESS the name is infringing on your clients trademark ..
Here are the exact requirements your client will have to prove..not just one but all 3 ..
A trademark owner can initiate an administrative hearing process where the trademark owner alleges that a domain-name:
(i) is identical or confusingly similar to a trademark or service mark in which the complainant has rights; AND
(ii) the domain-name owner has no rights or legitimate interests in respect of the domain name; AND
(iii) the domain name has been registered and is being used in bad faith.
It will cost your client a few thosand to proceed.
It may seem unfair from your perspective but in reality it protects both sides. .. there are hundrds of legitimate reasons for the person to own the name.. even if it's just because he wants it..
As long as he isnt infringing on your trademark or anyone elses and isnt trying to sell you the name (that would show he registered it in bad faith )
Same or confusingly similar to your trademark, definitely yes.
No legal rights? They'd have to prove they had rights. If it's as unique as we are led to believe then the answer almost certainly no.
Bad faith? Same thing. If it's a unique name with nonstandard spelling it's all but certain they got it specifically to catch misdirected traffic and try to profit off of it.
Your first step is to write to them (or have a lawyer do so) explaining you tradeamrk, how it applies to the exact use they use it for, and demand that they Cease and Desist or that you will take appropriate actions.
They can write back. They may try to supply a reasonable right for them to have it. You'd have to weigh it to see if it had any chance of prevailing in a dispute.
At that point they either give it up, you reimburse them a small amount of money for it, you argue some more, or you pay the thousands for UDRP (plus he effort probably by a trained lawyer to write the complaint).
Sometimes names registered in the Bahamas are really people who know that what they are doing is against U.S. law and try to distance themselves. But then it's also against ICANN domain name registration agreements.
If you want to sticky mail me the name I can give my non-lawyerly opinion on the specific name and circumstances.
I don't know if this is the same one, but I recommend you research them on the net because if they are peddling domains I think you can win points 2 and 3.
I sent Jon a reply (It's not in my Sent items box, but I'm new to Sticky mail so don't know if that's normal. If you don't get it, Jon, let me know and I can email it) that will hopefully help.