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Thread: icann issues

  1. #1
    Join Date
    Apr 2005

    icann issues


    Do you guys know where on the internet it help explain my issues so I can present this to my attorney?

    I currently own domain name, a company in California just registered the their company name with the state called: testing321,com, inc. Now they are telling me that they own the domain name because that's their company name.

    Any Icann website can help me with this problem guys?

  2. #2
    Join Date
    Jul 2003
    Goleta, CA
    posession is 9/10 of the law. As long as you owned the domain name prior to them registering their name with the state you shouldn't have a problem pleading your case. However, they could keep dragging you into cour in an effort to bankrupt you and force you to give up the domain for financial reasons. That's just one of the suddle tricks of the court system trade.
    Patron: I'd like my free lunch please.
    Cafe Manager: Free lunch? Did you read the fine print stating it was an April Fool's joke.
    Patron: I read the same way I listen, I ignore the parts I don't agree with. I'm suing you for false advertising.
    Cafe Owner: Is our lawyer still working pro bono?

  3. #3
    Join Date
    Apr 2005
    That doesn't make any sense! 9/10 of 2006?

    I can just go ahead and registered a company called, inc in whatever states that and take over the domain name: that doesn't make any sense...

  4. #4
    Tell em to go ahead and sue you. They've got nothing. There could be a company registered in every state called Testing321, until someone actually trademarks it. Even then, you've got squatter's rights.

    Now, the time I owned ...... they didn't like that.

  5. #5
    That's a nice phrase, but untrue.

    Check for general information and for specific information regarding domain disputes.

    In general terms, the entity raising the dispute must show particular information about the use of the domain by the current domain holder.

    NOTE: You should check with your own cousel before accepting the advice of anyone on a public forum.

    Without knowing all the details of this situation, if the company you refer to has just registered themselves as an active entity, is not well known (like a celebrity, for instance), and there is no evident confusion between your purpose for the domain and their company operations, it would be difficult for them to get the domain turned over to them by ICANN should they raise the dispute there. You should, of course, check with an attorney and provide all the details of the situation, including any communications from the other party, to that attorney if it comes down to a legal dispute.

  6. #6
    Join Date
    Apr 2005
    right, even if they are God, but if you use their name after the are popular in a wrong way, for instance, do a porno site after their name, animal porn or something... but if it's just a simple webpage, or even a parked page at sedo...

  7. #7
    Join Date
    Oct 2002
    EU - east side

  8. #8
    Join Date
    Jun 2005
    Quite frankly you have nothing to worry about if was registered before, inc. All the testing123 US trademarks are dead, so they cannot sue you under trademark law. Their only recourse is to pursue you thru UDRP to get the domain. they will lose that case also. My advice would be to simply ignore them. I'm not a lawyer, so you might want to run my advice by your lawyer.
    Signature Under Construction.

  9. #9
    Google the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform
    Dispute Resolution Policy (UDRP). You can also check under
    trademarks and domain names for more info.

    If you're US-based, you might want to retain an attorney who eats these things
    BLD (Breakfast, Lunch, Dinner). A criminal lawyer can't help you with a civil case like
    trademark infringement unless s/he specializes in that also.

    Where are you based, anyhow?

  10. #10
    Join Date
    Apr 2005
    USA Based, and domain name was definately registered before the , inc itself...

    I will run this over with my lawyer, but I just thought i asked...

  11. #11
    Join Date
    Aug 2004
    how soon did they contact you after registering the company?

    I think it would be obvious to the court that they registered purly to take your name.
    I could tell you a joke about UDP. But I'm not sure you would get it!

  12. #12
    Join Date
    Jan 2004
    South Park, Colorado
    Quote Originally Posted by ti_nhatrang
    I will run this over with my lawyer
    WRONG idea. As Dave pointed above, you must contact the lawyer whose specialisation is domain names. My personal recommendations would be:

    John Berryhill, Ph.d., Esq.
    4 West Front Street
    Media, PA 19063
    (610) 565-5601
    (267) 386-8115 fax

    Howard Neu
    1152 North University Drive
    Pembroke Pines, FL 33024
    954.431.3990 Voice
    954.431.5113 Fax

    Ari Goldberger
    p: 856.874.9651
    f: 856.874.9182

    Stevan Lieberman
    Greenberg & Lieberman, LLC
    Toll free 888-275-2757
    Skype: stevanlieberman
    p: 202-625-7000
    f: 202-625-7001

    Steve Sturgeon, MBA, JD, Esq.
    Sturgeon Law Group
    700 12th Street NW, Suite 700
    Washington, DC 20005
    Toll Free
    (202) 393 4299 Voice
    (202) 478 0786 Fax

    Good luck!
    Respect My Authoritah! - Eric Cartman (a friend of mine).

  13. #13
    Quote Originally Posted by Dan541
    I think it would be obvious to the court that they registered purly to take your name.
    Without further details, there's no way to be certain what's really going on other
    than what has been provided so far.

    I wouldn't really blame ti_nhatrang for checking with his lawyer first if he trusts her
    or him that much. Hopefully that lawyer knows this stuff.

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