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Domain name question?

richardbradley66 (Competent) posted this on Thursday, 14th June 2007, 17:26

Last year i registered a domain name with a ".es" which for those of you who dont know its a website with a spanish registered name. Now im not gonna say the companys name but its well known in the entertainment industry. They have recently contacted me and said that they want this name and if i dont sell it back to them at cost (no profit whatsoever for me) then they will contact someone called ICANN and make me give it back.

Can they do this ? Who is ICANN ? and as this is a ".es" (Spanish) can anyone in this country force me into "letting go " of my name?

I have done nothing wrong , and they have been a company for a few years too but i didnt do this just to p*ss them off, i did it cos i wanted the name......Where do i stand? Can they threaten me like this and can they force me to give it up?

Thanks

Richie

RE: Domain name question?

admars (Elite) posted this on Thursday, 14th June 2007, 18:43

i think they more or less can.

The problem was caused by cunning ppl buying up names before the internet became big.

Cybersquatting as it is known, ppl would buy a name like barclaysbank.com hoping barlays would give them shed loads of money for it.

The company is assuming that`s what you have done, i.e bought a name to make a quick buck.

it gets complicated. For example, the above barlcaysbank.com is obviously an attempt to make money off another name. but i think some-one like Sting tried claiming rights to sting.co.uk, but couldn`t because sting is a normal word, not just his name.

I think there have been cases however where small independent companies managed to keep their domain name they got, `cos they got their first, or if there was a US chain, that didn`t exist here, but co-incidentally you already had a business you may be ok. but you probably wouldn`t get away with noticing a large us brand didn`t have .co.uk, buying the domain name, then starting a company calle dthat.

Al


disclaimer
All this is from memory from various news stories over the last few years, so if corporate whores sue you, you can`t sue me ;)

Cheers

Al

RE: Domain name question?

slipperysam (Elite) posted this on Thursday, 14th June 2007, 19:47

You need to have a very good reason for "owning" an otherwise well known domain name..

See .co.uk dispute decisions here

Top level .com decisions here

This item was edited on Thursday, 14th June 2007, 20:55

RE: Domain name question?

Rassilon (Elite) posted this on Thursday, 14th June 2007, 23:00

They or lawyers can also get you on things like using your name legitimately mikerowesoft.com

Some domain names like Virginmediasuck.co.uk (available) can be classed as fair comment, NTLHell.co.uk got bought up by NTL & used as the clean face of PR\customer issues IIRC.

There was also a case where a husband bought a domain name for his wife as a birthday gift, a book was later published by Penguin & they gave her domain name as the book title. This poor women is flooded with disturbing e-mails as a result.

Quote:
Some are from victims who think they are sharing their experiences of child abuse with Tarbox. Others are from people who get enjoyment from sending abusive emails to someone they think has been assaulted by a paedophile.





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This item was edited on Friday, 15th June 2007, 00:08

RE: Domain name question?

richardbradley66 (Competent) posted this on Friday, 15th June 2007, 08:35

Thanks guys, at least i know where i stand. Although its not ideal news for me, its appreciated, thanks guys.

Richie :)

RE: Domain name question?

Fowler9 (Elite) posted this on Friday, 15th June 2007, 08:38

surely they would have to proove that you are "cybersquatting" as opposed to just using a domain name you liked for whatever purpose you use it to be able to enforce this "law"??



Chris

A.C.C. Member
LFC
YNWA

RE: Domain name question?

sj (Elite) posted this on Friday, 15th June 2007, 11:36

Is the company name a trademark?

Ste



We will pay the price but we will not count the cost..

RE: Domain name question?

richardbradley66 (Competent) posted this on Friday, 15th June 2007, 13:22

It is registered in this country but not in Spain, thats why i took the .es version.

RE: Domain name question?

The original 42pcenter MD (Elite) posted this on Saturday, 16th June 2007, 15:03

Why did you want the name?


Dr 42%er


Care in the football community is proved not to work.


It`s not easy being different. It`s not easy being cool....but somehow I manage....

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