I need some advise. I own a domain name that I built an osCommerce shopping cart for and the Fortune 500 company wants it back. The domain name includes the trademark name, but is not the official trademark name of the company. The people using the domain name have every right to use it and are authorized sellers of this product. What do I do?
Thanks,
C. Scott Williams
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Sent letter from Fortune 500 company about domain name, help
Started by partsace, Apr 08 2003, 15:31
7 replies to this topic
#2
Posted 08 April 2003, 15:51
Unless you have deep pockets you might want to give it up. I know someone that's been down this road before.
In particular:
The easiest thing this company can do is cut off your source of merchandise. Then what good is the domain name?
One word of advice though...don't offer to sell it to them (it's different if they make an ofer without you asking). Often times that's enough to have WIPO take it from you if they submit a complaint.
In particular:
Quote
The people using the domain name have every right to use it and are authorized sellers of this product.
The easiest thing this company can do is cut off your source of merchandise. Then what good is the domain name?
One word of advice though...don't offer to sell it to them (it's different if they make an ofer without you asking). Often times that's enough to have WIPO take it from you if they submit a complaint.
#4
Posted 19 April 2003, 01:44
You should talk to www.paypalsucks.com -- Paypals been mailing and emailing them forever. The can't do anything about it unless they have paypal.com. But since they have other characters in the name, Paypal has no right over it. Does your domain have something else besides the trademark?
And if they do cut off your stock, its still very useful. You will get traffic from people trying to find that product.
Theres a site PbReview.com that has paintball reviews, I registered PbReviews.com and since it close to the name, I get loads of free traffic.
And if they do cut off your stock, its still very useful. You will get traffic from people trying to find that product.
Theres a site PbReview.com that has paintball reviews, I registered PbReviews.com and since it close to the name, I get loads of free traffic.
#5
Posted 24 December 2003, 01:08
yup part of paypalsucks.com is the right to free speech..as long as they disclaim or say that they are in no way affiliated with paypal..other factors give them the right..but I can't remember..Glad my law class in college taught me something..
I belive there was a past court case that would help your client..if I remember I will post the case.
I belive there was a past court case that would help your client..if I remember I will post the case.
#6
Posted 03 February 2004, 14:56
You should hook up with chevyparts.com
They have a disclaimer at the bottom saying
This site is not affiliated with nor endorsed by the General Motors Corporation
The funny thing is they show gm's site in a frame for their links.
In fact, they're going a step past you because they're showing GM sites, then people look up items and search with that item number at the top to see if they have it in stock.
I would say go here
http://paypalsucks.com/domain-name-dispute.shtml
and look at the links
They have a disclaimer at the bottom saying
This site is not affiliated with nor endorsed by the General Motors Corporation
The funny thing is they show gm's site in a frame for their links.
In fact, they're going a step past you because they're showing GM sites, then people look up items and search with that item number at the top to see if they have it in stock.
I would say go here
http://paypalsucks.com/domain-name-dispute.shtml
and look at the links
Edited by mtimdog, 03 February 2004, 14:58.
#7
Posted 26 February 2004, 20:39
They say talk is cheap. You can post anything and on any website to scare this dudes away but if they want it they will come for it. They will take advantage of your weakest link.
Step 1) Most website owners think having a domain is enough. NOPE its not. When you have a website, you have a business, therefore you MUST register if you want the laws to protect you. Copyright laws will come in effect if your website is copyrighted and they will not take it. WWW will not help you much.
2)I hope they don't think that they will just get it back that easy. Ask them, "What is your offer?"
3) Store any letters and emails they send you.
4) If you want to let go the name, offer to settle for a fee of what you think is worth to them and not to you. To you it might be worth 10 Grand, to them it might be worth 100Gs
Step 1) Most website owners think having a domain is enough. NOPE its not. When you have a website, you have a business, therefore you MUST register if you want the laws to protect you. Copyright laws will come in effect if your website is copyrighted and they will not take it. WWW will not help you much.
2)I hope they don't think that they will just get it back that easy. Ask them, "What is your offer?"
3) Store any letters and emails they send you.
4) If you want to let go the name, offer to settle for a fee of what you think is worth to them and not to you. To you it might be worth 10 Grand, to them it might be worth 100Gs
#8
Posted 26 February 2004, 23:01
mkenya, on Feb 26 2004, 03:39 PM, said:
2)I hope they don't think that they will just get it back that easy. Ask them, "What is your offer?"
4) If you want to let go the name, offer to settle for a fee of what you think is worth to them and not to you. To you it might be worth 10 Grand, to them it might be worth 100Gs
4) If you want to let go the name, offer to settle for a fee of what you think is worth to them and not to you. To you it might be worth 10 Grand, to them it might be worth 100Gs
I think that it would be hard to use the same legal argument as PayPalSucks if you are selling stuff on the site. This does not seem like a parody site. It's much easier for non-commercial sites to claim parody as a defense. It would be difficult for a commercial site to do so IMO, but IANAL.
Hth,
Matt
Always backup before making changes.
