I'm looking for advise.

We've been operating a certain website under a name-name.com website for nearly two years. Last year, a competitor of ours manage to acquire the variant of our name without the hyphen. In our eyes they are clearly trying to benefit from our established brand and picking up traffic from users who mistakenly enter the wrong domain name. The domain is completely different to their own brand.

I'm thinking thus........ if we take this dispute to WIPO and pay the $1500 fee we should win and force them to handover the domain? We don't have a trademark but as far as I know that doesn't matter. This looks like a no-brainer to me and we cannot lose. Agree?

These guys are obviously clearly taking the piss. Can anyone offer any advice on how we should handle this matter?

Thanks in advance.

Originally posted by c0bra
Agree?


I don't think you are a clear cut winner if you pursue this. If I am not mistaken Ultsearch has won a few cases just like you described and the person filing the claim was out some clams. Maybe Nameslave or RadiStar will comment but I wouldn't go in thinking this is a no brainer.

I can't see why this isn't a clear cut win for us. It's blatantly obvious they registered that name to steal away our traffic. They're using a better variation domain name of our established brand. It's tantamount to theft in my opinion.

Right now I'm trying to get them to commit to selling us the name then I'm guaranteed a win via the WIPO route. I know WIPO rulings are inconsistent at best and we're small fish, but even without a trademark I cannot believe even they could rule against us on this one.

Sure they could. Traffic is a business for some people. Unless they sell a prodcut or service identical to yours you will probably lose. Situations like you have described occur everyday.

Originally posted by acts837
Sure they could. Traffic is a business for some people. Unless they sell a prodcut or service identical to yours you will probably lose. Situations like you have described occur everyday.

I should have made clear they are providing an almost identical service to us in the same sector. :D That's my complaint. They are using OUR BRAND to divert traffic to their website which is competing with us in the marketplace. This is surely illegal and wipo cannot rule against us under these circumstances?

That changes things.

Hehe ok. So we know I can easily get the name off them. But how should I approach this? I would rather not have to pay the $1500 to WIPO to enforce the handover since they are acting illegally... why should I pay? Is there anything else I can do?

I'd loathe to give them a dime beyond the registration fee for their dirty tactics.

Right now I'm trying to get them to commit to selling us the name then I'm guaranteed a win via the WIPO route. I know WIPO rulings are inconsistent at best and we're small fish, but even without a trademark I cannot believe even they could rule against us on this one.

Just because they agree to sell the name doesnt guarentee a decision in your favor, if it is a generic term and not trademarkable
then it would be a tougher fight.

If you do not have a registered trademark it would be a hard case. if they were using your content that would be one thing, but it seems like they are just trying to leverage your name/traffic. It might make sense to trademark the name

Yeah but if we trademark our name now that wont give us any rights to the domain name? From my understanding, since they've been actively using the name prior to us gaining trademark protection, this would add nothing to our arguments later?