Someone has now purchased the superwidgets.org site and has a collection of links/spam (all on the front entry page).
Is there any way I can get the .org, or should I offer a few hundred dollars and try and buy it from them?
I don't have a clue what to do, its not major but it is a little annoying.
Cheers
.org is supposed to be for non-commercial sites. I'm not sure of the technicalities or if advertising is even allowed on one. I'm sure that someone out there knows more than I do.
Your squatter does have the rights to it, however, and you would have to buy them out.
It really depends if you think that many folks are going to type in superwidgets.org instead of superwidgets.com. I wouldn't worry about myself, but that's just my personal opinion.
"Hi, I wondered if you would be interested in selling widgets.org? If so how much would you be looking to get for it?" Then you have a starting point to know what you are dealing with.
You can request that the domain names be transferred to you at:
Domain Name Dispute Resolution Service:
[arbiter.wipo.int...]
National Arbitration Forum, ICANN Disputes
[arbforum.com...]
Your chances of winning the domain name increases if the domain name contains a term that is your trade mark or service mark (if the mark is registered, you will definitely win).
Hope this helps.
.org is supposed to be for non-commercial sites. I'm not sure of the technicalities or if advertising is even allowed on one. I'm sure that someone out there knows more than I do.
There are no restrictions of any kind on .org. You may do whatever you want with them.
There are no restrictions of any kind on .org. You may do whatever you want with them.
Would you mind telling us where that's 'officially' stated?
If the term is actually a registered trademark... it doesn't matter if it's an .xyz extension... it's still a violation.
If the term is actually a registered trademark... it doesn't matter if it's an .xyz extension... it's still a violation.
Different issue. If it's a trademark, nobody else can use it not matter what the domain. If it is not the ground is shakier. The orignal question made no mention of trademarks and, surmising here, I would assume the original domain is not a trademark - just .com where te same name was available as .org and someone registered it. Lousy but not illegal.
But there are no restrictions on the use of the .org extension - while it is generally used by organisations, a .org name can be puchased by anyone for any purpose just as a .com can, subject to the same legal contraints relating to trademarks, brand names etc.
I am not sure an ecommerce site with, say, adsense on it would be best served by a .org name, but there are no impediments to anyone deciding to go that route.
Richlowe's point, in which he's absolutely correct, was that there are no restrictions as was stated earlier (in the post he quoted) that a .org domain name cannot be used for commercial purposes. That was true years ago -- only nonprofit organizations could register a .org name. At that time when you began the process of registering a domain name you had to actually state what purpose you intended to use it for. There's a lingering misperception among some that such restrictions still exist.
Of course trademark protections apply no matter what tld is being used.
Would you mind telling us where that's 'officially' stated?
[icann.org...]
What are the rules for registration of .biz, .com, .info, .name, .net, .org, and .pro names?These un-sponsored top-level domains are open and unrestricted. Traditionally, however, most names are intended or reserved for specific use, as listed below. Please contact your registrar for more information or visit the Registry websites listed below.
·The .biz domain, operated by NeuLevel, Inc., is restricted to businesses.
·The .com domain, operated by VeriSign Global Registry Services, is a generic top-level domain originally intended for commercial businesses around the world.
·The .info domain, operated by Afilias Limited, is an unrestricted domain for websites containing information about you, your organization, your products or any other information you'd like to make available to a global audience.
·The .name domain, operated by Global Name Registry, is reserved for individuals.
·The .net domain, operated by VeriSign Global Registry Services, is a generic top-level domain used by many types of organizations and individuals globally; it was historically intended for and is still commonly used by Internet service providers.
·The .org domain, operated by Public Interest Registry, is unrestricted, but was intended to serve the noncommercial community.
·The .pro domain, operated by RegistryPro, is restricted to certified professionals and related entities.
Guys, just remember that disputes like these are treated on a case to case basis.
There’s no surefire yes or no answer to this, it depends on how much data was
gathered and submitted by all parties concerned should a case arise.
But there are no restrictions on the use of the .org extension - while it is generally used by organisations, a .org name can be puchased by anyone for any purpose just as a .com can, subject to the same legal contraints relating to trademarks, brand names etc.
I don't agree... saying there are no restrictions on .org names is incorrect... this isn't China, and there isn't a free run on trademarked names simply because you have a .whatever extension.
I'll be happy to direct you to U.S. case law if you'd like.
Again, bobo, you're missing the point. A statement was made that .org domains can only be used for noncommercial purposes.
If the term is actually trademarked, it doesn't matter if the Pope registers the same name with a different extension... it's still a trademark violation.
The people in this thread who have been saying there are "no restrictions" on how .org names are used are commenting specifically on that erroneous statement.
Agree...
No one is saying that trademark laws, air piracy laws, drunk driving laws, wire fraud laws, or any other type of legal restriction that applies to everyone is void if you own a .org domain name... but only that there's no specific restriction on conducting business activity through a .org domain name.
If you're violating trademark law, then .org won't save you from anything... which is the point I've been trying to make.
Yep. But also a point which no one has disagreed with.
Anyway, back to Wally. It's not clear that the domain in question is one to which you'd have a claim in either a trademark dispute or a UDRP domain name dispute. You have to make the business decision in either case whether it's worth the effort and expense of pursuing a legal or arbitration case, or as you mentioned making an offer to purchase the domain name.
Since you said it's "not major" it might not be worth the trouble; otherwise a first step might be to get the opinion of a trademark attorney experienced in domain name disputes on the issue. There are three elements of a domain dispute case which would have to be in your favor:
(1) that the disputed domain name is identical or confusingly similar to a trademark or service mark to which you have rights
(2) that the other party has no rights or legitimate interests in the name
(3) that the other party registered and is using the domain name in "bad faith."
That's why davezan was right in commenting that these things have to be evaluated "case by case." Unless it's clearly an infringement on a trademark, there may be nothing you can do from a legal standpoint.
Doesn't a WIPO complaint about domain names cost something like $1500 to get the ball rolling? If so, buying this for a few hundred dollars would be cheap.
isn't a free run on trademarked names simply because you have a .whatever extension.
richard
It's not clear that the domain in question is one to which you'd have a claim in either a trademark dispute or a UDRP domain name dispute.
Yeah... I never heard anything about a trademark, either. Superwidgets.com isn't exactly throwing flags up for me on that, either. (although I suppose cases could be made.)
I think a spammy .org isn't a big concern. I'd be much more concerned if I had a good .org and someone had a spammy .com.
I don't have a clue what to do, its not major but it is a little annoying.
Here are a few ideas...
I'd do nothing... and hope that they get really good and really big, and then I'd wear a big smile since they are leaking traffic to me.
Maybe they have the ability to be a good webmaster someday (i.e. their site is ugly/dysfunctional instead of intentionally spammy). If I thought that were true, I'd even help them in exchange for leaked traffic later.
Or... you could wait awhile... hope they pick up some traffic, then buy advertising from them. Have them serve an image from your server. Then you can then use the data to your advantage.
There are ways this can be positive for you if you let it.
Lets say you sell boats at your .com
and the .org is sells kids clothes
you both use the same term ..you even have a trademark..
The .org can sell kids clothes for ever on the org and he is not infringing on your trademark ..
If he was selling boats ..then that would be a trademark infringment.
In other words you dont automatically own "supertrademark" in every extension..just because you own A trademark on a word .
If they are junky/spammy I suppose you might worry about the damage to your site's domain reputation, but I frankly don't think that many people go to .org sites unless they are fairly sophisticated web users and know to use .org for government, non-profit, service oriented, generally non commercial websites.
An interesting question occurs to me: why -- in the first place -- would that person who did this take your domain name for this purpose? Maybe he wants you to buy him out?
I frankly don't think that many people go to .org sites unless they are fairly sophisticated web users
