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  1. #1

    Domain/site idea "stolen"

    Hello guys,

    I am co-owner off http://www.keepmyfile.com.
    When I was searching on google for keepmyfile I came across this website http://www.keepmyfileS.com.
    We are on the internet for 3-4 month and they registered it on 27-Nov.
    So almost identical domain name and same idea.

    Can we do something about this? Can we take some measurements that we can own the domain?

    Thanks in advance!

  2. #2
    Join Date
    Nov 2005
    Location
    Seattle, WA
    Posts
    642
    Wow man, that does suck. If you are a legal business and you just didn't put the
    " ©2005 keepmyfile.com All Rights Reserved" at the bottom then you can go ahead and first threaten him with a lawyer and then hire one.

    This might help:

    The Anticybersquatting Consumer Protection Act (P.L. 106-113):

    "(A) A person shall be liable in a civil action by the owner of a
    mark, including a personal name which is protected as a mark under
    this section, if, without regard to the goods or services of the
    parties, that person--
    " (i) has a bad faith intent to profit from that mark, including
    a personal name which is protected as a mark under this section; and
    <br>
    " (ii) registers, traffics in, or uses a domain name that--
    "(I) in the case of a mark that is distinctive at the time of
    registration of the domain name, is identical or confusingly similar
    to that mark;
    "(II) in the case of a famous mark that is famous at the time of
    registration of the domain name, is identical or confusingly similar
    to or dilutive of that mark; or
    "(III) is a trademark, word, or name protected by reason of section
    706 of title 18, United States Code, or section 220506 of title 36,
    United States Code.

    "(B) (i) In determining whether a person has a bad faith intent
    described under subparagraph (A), a court may consider factors such
    as, but not limited to--
    "(I) the trademark or other intellectual property rights of the
    person, if any, in the domain name;
    "(II) the extent to which the domain name consists of the legal name
    of the person or a name that is otherwise commonly used to identify
    that person;
    "(III) the person's prior use, if any, of the domain name in
    connection with the bona fide offering of any goods or services;
    "(IV) the person's bona fide noncommercial or fair use of the mark in
    a site accessible under the domain name;
    "(V) the person's intent to divert consumers from the mark owner's
    online location to a site accessible under the domain name that could
    harm the goodwill represented by the mark, either for commercial gain
    or with the intent to tarnish or disparage the mark, by creating a
    likelihood of confusion as to the source, sponsorship, affiliation, or
    endorsement of the site;
    "(VI) the person's offer to transfer, sell, or otherwise assign the
    domain name to the mark owner or any third party for financial gain
    without having used, or having an intent to use, the domain name in
    the bona fide offering of any goods or services, or the person's prior
    conduct indicating a pattern of such conduct;
    "(VII) the person's provision of material and misleading false contact
    information when applying for the registration of the domain name, the
    person's intentional failure to maintain accurate contact information,
    or the person's prior conduct indicating a pattern of such conduct;
    "(VIII) the person's registration or acquisition of multiple domain
    names which the person knows are identical or confusingly similar to
    marks of others that are distinctive at the time of registration of
    such domain names, or dilutive of famous marks of others that are
    famous at the time of registration of such domain names, without
    regard to the goods or services of the parties; and
    "(IX) the extent to which the mark incorporated in the person's domain
    name registration is or is not distinctive and famous within the
    meaning of subsection (c)(1) of section 43."

  3. #3
    Join Date
    Feb 2003
    Posts
    5,400
    Did you try to contact him to see if he would sell?
    Domain Maven

  4. #4

  5. #5
    Yuck - the only problem is that you are going to need the time and energy to go after these guys even if you can prove they just stole your ideas and site.

  6. #6
    Join Date
    Apr 2004
    Location
    Chicago, IL
    Posts
    83
    E-mail their web hosting provider quoting copyright issues. If your site has an entry in any web caches (google, alexa's wayback machine), you might be able to demonstrate to the provider that their site constitutes a violation of some common-law copyright and have them shut down.

  7. #7
    Join Date
    Jul 2002
    Location
    Toronto
    Posts
    3,795
    Quote Originally Posted by Dmitry85
    Domain/site idea "stolen"
    Site idea stolen? Free image and file hosting sites are everywhere, and I honestly don't see how this idea is original at all. As for the domain, this is actually a classic example of why names like these are not good enough, because you need to register BOTH the singular AND plural. You *could* file for a (common law) trademark infringement, but I honestly doubt that route is your best option at this stage.
    Co-Founder @HostHideout. Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism with a bias for functionality, color theory and pixel precision: a #multimedia messenger in the McLuhan sense. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management. He also likes Patrik Ervell, Wong Kar-wai and IKEA.

  8. #8
    Hello.. this is Florian.. the 2nd co-owner

    Free image and file hosting indeed is a very common service and in my opinion too an idea that should not be patented or protected in any way. (I'm one of many people that are against software patents). The fact that disturbs me a lot is that the webmaster didn’t have any ideas by him self but simply copied the idea and image from our site.

    The domain name (even if it is plural.. I guess he is counting on mistypes)
    The folder image in the banner
    Capitalising the K, M, F in KeepMyFile(s) .. its intuitive but we did that all along
    Using the shortcut KMF .. yes its intuitive too, but we used it all along

    I for instance took a lot of care not to copy other hosts. In fact I even avoided visiting them. I wrote the site from scratch.. and then rewrote it when I had a better idea of the user's / our needs.

    I really don’t mind about someone using the domain "keepmyfiles.com", but making it an image / file host is simply copying us and plain unfair. If the webmaster would offer a different type of service we even could profit from one and each other. But why does this have to go this way.

    If the webmaster of "keepmyfiles.com" is reading this.. I really don’t want to go the legislative route (nameslave's signature says it all: Everything is negotiable) but I will not simply give up either.

  9. #9
    Well you could probably press charges for copyright infringement. Look at their site:

    http://www.keepmyfiles.com/index.php

    Then this script:

    http://www.celerondude.com/script_uploaderv6

    Notice that copyright for use of the script should be left there.

  10. #10
    Hi, I'm the webmaster of KeepMyFiles.com, and wanted to clear up some of the speculation in this thread even though I'm a little late to the party.

    First of all, I did the same as Florian as not visiting any other image hosting or file hosting websites so as not to steal their ideas. I wrote down almost 30 names on paper and KeepMyFiles.com was the only one available. I didn't even know KeepMyFile.com existed, as the plural makes much more sense for a site of this nature.

    These sites are a dime a dozen, and nothing other than vague similarities in name are in common with his site. Florian, what are you talking about "using the shortcut KMF"?

    Anyways, feel free to ask any questions if I haven't cleared anything up, and I apologize that it's taken this long for me to find this thread.

    freak127: You may want to do some research before spreading lies. I paid Tuan (celerondude) to license his script and remove the copyright.

  11. #11
    I think you made a very big mistake in not registering the plural of keepmyfile.com. Rule number one in registering a domain name is to register the plural of the word and then the singular of it (& also for SEO purpose). You should not be "stingy" (pardon me for using this word as I do not know the appropriate word). Now that you are facing the consequences of your mistake, I suggest that both of you look for a new domain name if one of you are not willing to give up the domain name.

    You can't blame geek1965 for registering KeepMyFiles.com (assuming that he didn't know that KeepMyFile.com is taken). As for me, I will not register the singular or plural of the domain if I know that one of them is already taken. Why? To avoid confusion.

    Since both of you are running similar business with very similar name, it is better to get a new name for your domain. It is still not to late since both of you just started.

    If both of you are not willing to give up then the only solution is SEO war in all major search engines. The winner will come out on top of major search engines.

    RFOL
    Last edited by koushibasaki; 12-26-2005 at 12:07 PM.

  12. #12
    Yes.. it was a huge mistake not to register the plural right away. the result is now visible and has pushed up my blood pressure enough..


    For us it is too late to switch to another domain.
    With
    over 200.000 files hosted..
    over 2.000 registered users..
    PR3 (waiting for the new google-update )
    over 80.000 pages in google's DB
    alexa ranking
    Today: 10,298
    1 wk. Avg.: 9,733
    3 mos. Avg.: 18,106

    I guess we dont have anything to fear anyways...
    I think I/we have spent too much time on this subject already and lost precious coding time.

    Florian

  13. #13
    Join Date
    Jun 2003
    Location
    United Kingdom
    Posts
    716
    Claim culture.... 1800-suehisass

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