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View Full Version : When a person uses fake whois info...


angelic81
10-23-2007, 04:01 AM
There is someone who is using fake whois info on a domain and that domain is being pointed to one of those typical domain registration companies.

Is it possible that the registration company themselves registered that domain using fake whois information? The domain is an extremely uncommon name but it was registered a year and a half after another another company selling the same exact goods, established its brand and started doing business. Both domain names are identical except one uses a number and one uses a word to spell the number. It's been over 2 years and nothing has been done with the domain except remain being pointed to a competitor... it seems to be an obvious blatant attempt to cause a service mark confusion with an already established brand.

The page says "page is parked free courtesy of 'company.com'".

How do you get down to the bottom of who the owner of a domain name is, when the registration info is false and the company it was registered at will not help you?

atmike
10-23-2007, 08:24 AM
try to go to the registrar - sounds like godaddys parking page text - and report invalid whois information, then the owner has to correct / update it or the registrar will suspend the domain

Brian-de-vie
10-23-2007, 09:10 AM
Are you sure it's Fake whois info, or is it 'private' whois info ?

also my own personal view (not remotely legal), I think businnesses that have not reg. all domains that they view as 'there trade name' have to take some responsability if others 'cash in' on that 'name'.

Hope you get it sorted to your satisfaction.

Domainitor
10-23-2007, 11:10 AM
report invalid whois information, then the owner has to correct / update it or the registrar will suspend the domain

If the information is correct, it won't change. Further, invalid WHOIS data is grounds for, but does not mandate, deletion.

Angelic81: You should talk to your attorney. If you (or your customer) hold a registered mark, and the domain about which you speak is, in fact, confusingly similar, the attorney can craft a letter to the registrar that may compel them to release the registrant's information. Barring that, you may have to bring a suit in a court of competent jurisdiction to force the registrar to release the information.

I'm presuming that you intend to file a UDRP and try to wrest the name from the other company, so your best bet is to retain an attorney that understands the UDRP process or is at least an intellectual property attorney. Your trademark attorney would likely be more than capable.

Good luck....

netearth
10-23-2007, 11:54 AM
Angelic81,

Domainitor is completly correct, if it is private whois then its not "fake or misleading", however if the company is passing themselves off as you, and using your "known company name"/brand regardless of there being a "1 or one" (number or word) then its a clear cut case for the lawyer to insight copyright/trademark infringment.

The registrar only has to provide whois information for the legal owner if taken to court, or if proven by a lawyer that there is clear infringement *latter is down to the discression of the registrar*.

Regards,
Chris