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11-08-2006, 11:00 AM #1Web Hosting Master
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What to do with a domain trademark infringement?
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?
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11-08-2006, 11:23 AM #2Everything in life is swelly
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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<<< Please see Forum Guidelines for signature setup. >>>
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11-08-2006, 11:31 AM #3Junior Guru
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What is the website ???
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11-08-2006, 11:48 AM #4WHT Addict
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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.
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11-08-2006, 11:59 AM #5Web Hosting Master
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Why don't you wait and see if they respond first? They might react quicker than you think (or not).
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I am niyogi.
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11-08-2006, 01:02 PM #6Web Hosting Master
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Originally Posted by deltrumweb
niyogi I plan to wait the 7 days before taking further action, but I wanted to have everything ready for that time.Eleven2 Web Hosting - World-Wide Hosting, Done Right!
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11-08-2006, 01:06 PM #7Everything in life is swelly
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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?
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11-08-2006, 01:11 PM #8Web Hosting Master
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Originally Posted by HostFrogEleven2 Web Hosting - World-Wide Hosting, Done Right!
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11-08-2006, 01:14 PM #9Everything in life is swelly
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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.
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11-08-2006, 03:55 PM #10Newbie
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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.
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11-08-2006, 04:12 PM #11Web Hosting Master
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You would need to file a UDRP with ICANN. http://www.icann.org/udrp/udrp.htm
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11-09-2006, 10:45 PM #12Junior Guru Wannabe
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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.
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11-09-2006, 10:50 PM #13Web Hosting Master
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Originally Posted by GSHostEleven2 Web Hosting - World-Wide Hosting, Done Right!
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11-09-2006, 10:51 PM #14Everything in life is swelly
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Originally Posted by GSHost
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.<<< Please see Forum Guidelines for signature setup. >>>
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11-12-2006, 02:28 PM #15Aspiring Evangelist
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Originally Posted by GSHost
"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.
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11-12-2006, 05:20 PM #16Web Hosting Master
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Thanks everyone for the help. My lawyer has everything filed with ICANN.
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11-12-2006, 08:08 PM #17Junior Guru
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Please let us know how it goes!
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