I recently found a website that has started a hosting company under my trademarked name. I have contacted the individual to turn over the domain within the next 7 days. After 7 days I would like to file a lawsuit, but everything on the domain and website are fake contact details besides the email. What to do?

Man, that is ashame. Contact ARIN right away

http://www.arin.net

Good luck to you!

Also contact http://www.cybertriallawyer.com great people to work with.

http://www.cybertriallawyer.com/domain-name-disputes

What is the website ???

Erm, FYI, ARIN has nothing to do with domain names, trademarks, or domain name registration details. ARIN adminsters IP address and AS number resources only.

Why don't you wait and see if they respond first? They might react quicker than you think (or not).

Roj

What is the website ???

I don't want to post the domain, but its quite easy to find. Just add a - in my domain.


niyogi I plan to wait the 7 days before taking further action, but I wanted to have everything ready for that time.

Do you actually have a VALID trademark on SharkSpace or copyright on the name? By this, I mean did you actually file paperwork to have that name trademarked on or before the date that domain was registered?

Do you actually have a VALID trademark on SharkSpace or copyright on the name? By this, I mean did you actually file paperwork to have that name trademarked on or before the date that domain was registered?

Yes, I have local and national trademarks. The national may not be done processing yet, but my lawyer says it goes from the date of creation.

Well your lawyer is 110% correct. Just wanted to make sure you have it legally trademarked, no offense. Sometimes that word really gets thrown around too often.

As long as your legal paperwork that you filed with the USPTO has a 'first use in commerce' date that is prior to when they registered the domain you'll be set. If not you may have to battle it out in court.

You would need to file a UDRP with ICANN. http://www.icann.org/udrp/udrp.htm

That domain doesn't seem to be using any of your graphics or anything else that resembles your site. They are also providing a different type of service than the one that you offer. They are providing free webspace, while you are selling it. It may seem similar, but I believe you'd have a hard time doing anything about it. If they offered the exact same product or service or if they copied something on your site, then you'd have a much better chance.

That domain doesn't seem to be using any of your graphics or anything else that resembles your site. They are also providing a different type of service than the one that you offer. They are providing free webspace, while you are selling it. It may seem similar, but I believe you'd have a hard time doing anything about it. If they offered the exact same product or service or if they copied something on your site, then you'd have a much better chance.

So you mean I can start a site named e-bay.com and have a free auction site. I don't think so.

That domain doesn't seem to be using any of your graphics or anything else that resembles your site. They are also providing a different type of service than the one that you offer. They are providing free webspace, while you are selling it. It may seem similar, but I believe you'd have a hard time doing anything about it. If they offered the exact same product or service or if they copied something on your site, then you'd have a much better chance.

The fact of the matter remains. If indeed the OP has trademarked the name SharkSpace for specific reasons to be in business as a WEB HOSTING PROVIDER or WEB HOST than it really doesn't matter what they charge for and don't charge for on the website, and certainly does not matter if they use the images or any parts of the site resemble the trademarked website.

For example if you opened up yahoosearchengine.com and didn't use ANY of the images or try to "copy" the site, do you think that yahoo would let that slide....nope.


EDIT**** See if you visit yahoosearchengine.com what do you see a yahoo page. Thats because Yahoo has EVERYTHING covered from A to Z but this is just an example of what could happen if they didn't.

They are providing free webspace, while you are selling it. It may seem similar, but I believe you'd have a hard time doing anything about it.

No, but it "may" have to go before a judge.

"IF" a trademark is used in any manner which could cause confussion there is grounds for the claim against the "accused" violator.

The fact that one provides free service has nothing to do about it. They both provide the same type of service "hosting".

If the "accused" violator was in advertising, software design, or roofing, etc, the "OP" would have close to no case.

Thanks everyone for the help. My lawyer has everything filed with ICANN.

Please let us know how it goes!