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Thread: icann issues
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10-20-2006, 02:21 PM #1Web Hosting Master
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icann issues
Guys,
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, testing321.com... 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?
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10-20-2006, 02:24 PM #2Predatory Poster
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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?
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10-20-2006, 02:31 PM #3WHT Addict
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That's a nice phrase, but untrue.
Check http://www.icann.org/ for general information and http://www.icann.org/udrp/ 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.
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10-20-2006, 02:27 PM #4Web Hosting Master
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That doesn't make any sense! 9/10 of 2006?
I can just go ahead and registered a company called microsoft.com, inc in whatever states that and take over the domain name: microsoft.com? that doesn't make any sense...
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10-20-2006, 02:29 PM #5WHT Addict
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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 ebayserver.com ...... they didn't like that.
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10-20-2006, 02:57 PM #6Web Hosting Master
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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...
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10-20-2006, 03:33 PM #7Retired Moderator
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Thread moved to Domain Name Forum.
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10-20-2006, 11:20 PM #8Web Hosting Master
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Quite frankly you have nothing to worry about if testing123.com was registered before testing123.com, 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.
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10-20-2006, 11:44 PM #9Web Hosting Master
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Google the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform
Dispute Resolution Policy (UDRP). You can also check www.chillingeffects.org 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?
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10-21-2006, 06:31 AM #10Web Hosting Master
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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...
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10-21-2006, 08:16 AM #11Web Hosting Master
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Originally Posted by ti_nhatrang
John Berryhill, Ph.d., Esq.
4 West Front Street
Media, PA 19063
(610) 565-5601
(267) 386-8115 fax
john[AT]johnberryhill[DOT]com
Howard Neu
http://www.neulaw.com
1152 North University Drive
Pembroke Pines, FL 33024
954.431.3990 Voice
954.431.5113 Fax
Howard[AT]neulaw[DOT]com
Ari Goldberger
http://www.esqwire.com
p: 856.874.9651
f: 856.874.9182
ari[AT]esqwire[DOT]com
Stevan Lieberman
Greenberg & Lieberman, LLC
http://www.aplegal.com/
Toll free 888-275-2757
Skype: stevanlieberman
p: 202-625-7000
f: 202-625-7001
Steve Sturgeon, MBA, JD, Esq.
Sturgeon Law Group
Domain-Name-Lawyers.com
700 12th Street NW, Suite 700
Washington, DC 20005
Toll Free
(202) 393 4299 Voice
(202) 478 0786 Fax
shs[AT]DomainNameLawyers[DOT]com
Good luck!Respect My Authoritah! - Eric Cartman (a friend of mine).
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10-21-2006, 08:10 AM #12Web Hosting Master
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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!
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10-21-2006, 09:09 AM #13Web Hosting Master
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Originally Posted by Dan541
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.