
|
View Full Version : Can I claim on this domain?
marco 07-28-2001, 03:28 AM Hi everybody!
My surname is Olivo and I would like to register for my personal use a olivo.ext domain.
The problem is that olivo.com, olivo.net and olivo.org domains (along with the olivo.it, but that's not the point here) are registered by some internet companies without owning any right on that name (I think)
Can I claim on these domains, especially the .com domain (currently used for business selling email addresses @olivo.com)???
If yes, how? How much would that cost?
(yes, yes, I know: I can wait for other extensions to come: but a .com address is so cool... :D)
Thanks in advance. :)
Best regards,
Lawrence 07-28-2001, 04:53 AM I think claiming by name would be stretching the system a little. When you claim, it's normally because the owner is infringing on your trademark rights by owning that domain, and thus making money from your business's reputation. Failing that, it's probably a cybersquatting case. In this case, neither seems to apply.
However, if you successfully claim, please let me know so I can arrange a name change to yahoo.com and have a shot myself :D.
marco 07-28-2001, 05:26 AM Thanks for the reply.
It is curious to point out that NIC laws change from country to country.
In fact, if that was done in Italy, you would have been successful in claiming that domain.
With Italian NIC if a company registers a name which is owned by somebody else, no matter if it infringes trademarks or it is a normal name of a common citizen like me, you can have that domain given back to you ("the legitimate owner")
Sometimes this law is good, but for the most part I don't find it so good :rolleyes:
Lawrence 07-28-2001, 05:34 AM Well if that's the case you might want to check it further. I don't really know what the rules are, I'm just sort of guessing at what seems reasonable.
Aloha
was curious is the owner a US company ??
I know that legaly it would be hard to give it to someone what then if someone else has that name and wants it from you and they were older than you dose that give them ownership ???
its a tough one but I could legally change my name to Disney and demand that they give me the url
just food for thought but do keep us posted
this kind of stuff is very curious to me
and best of luck ;)
Walter 07-28-2001, 06:34 AM Originally posted by marco
With Italian NIC if a company registers a name which is owned by somebody else, no matter if it infringes trademarks or it is a normal name of a common citizen like me, you can have that domain given back to you ("the legitimate owner")
Wait, wait, did I get it right? If my name is Olivio in Italy I could claim the domain olivio.it, even if someone else had registered it earlier? That makes no sense to me. I am sure there are thousands of people in Italy with the same lastname, could they all go to court and grab each others domain in an infinitely loop? :confused:
Lonny 07-28-2001, 07:07 AM In theory... Yes.
In real life?
NO!
:)
Good luck
marco 07-28-2001, 07:08 AM Sorry, I think I was misunderstood.
To claim a domain name in Italy, without going in a court (the sentences you get there are sometimes different from the ones you get with the NIC procedure) you must have ALL the following requirements:
you must demonstrate that you have all the rights to use the name you're claiming
the current registrant must have no right to use the name you're claiming (if he has any, he must demonstrate he has)
the domain is clearly not used, or used in a bad way, i.e. no activity has been built on it or it has been tried to sell, etc. (I hope you get what I'm bloating about here :))
If you have ALL these requirements and if you have enough money for the procedure :D then you will probably have the domain given back to you.
This applies only IF the current registrant recognize the authority of NIC.
If he/she doesn't, you have to go in a tribunal if you want the reassignation of the domain; in a tribunal court you can get a completely different sentence than the one you expect from the procedure (it has already happened; and "completely different" does not necessarily mean "worse")
I hope I have now explained my thoughts about olivo.com and especially olivo.net (auctioned at afternic.com)
Cheers :)
acetate 07-28-2001, 11:27 AM How about this... I get a married and give birth to a son named Yahoo.. Does my son have the right to that domain name? haha..
marco 07-28-2001, 12:17 PM No, you can't claim Yahoo.it (.it!) upon the birth of your son. That's because first of all it is not the name that counts, but rather the surname. Moreover, Yahoo is a trademark. And, last but not least, even if Yahoo wasn't trademarked, the Yahoo company have built a site from that, and they have full title to use yahoo.it (see point three of my previous post)
The same applies to yahoo.com or everything else, that's obvious. But since olivo.net (no .com anymore, I got the point, thanks) is auctioned... well, maybe I could claim that (it would probably cost more than buying it, anyway :D)
I think that this can be considered cybersquatting, can't it?
Cheers :)
Scott 07-28-2001, 03:35 PM Marco, if you have the option of contacting the owners to make an offer on this domain name, do it and see what they say. I can assure you it will be more economical that trying to secure this domain name through the legal system loop holes.
|