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Thread: Legailitys of holding a domain

  1. #1
    Jay
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    Legailitys of holding a domain

    I run help run a website, lets call it mywebsite.com

    We own www.mywebsite.com, .net, .biz, .org, .uk.com, .org.uk, .me.uk

    some one else owns .co.uk.

    this person does not use the .co.uk he has simply tagged it as and is wanting us to pay him £395 + VAT

    now our company is called mywebsite Ltd so we need the mywebsite.co.uk but I refuse to pay this guy all that cash!

    Is there any legal way we can have this removed from him?

    The guys name is Chris Holland and he has what looks like a few dodgy looking website with phone numbers that are never answered and his main email address is @UK3.com (most of www.uk3.com no longer works)

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    Administrator Moby-Dick's Avatar
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    if you are a ltd company , you should be able to get .ltd.uk too

    I would imagine that if you own the trademark , its a clear case of cybersquatting and they would be forced to give the domain up ?

    looks like you have 2 routes...

    http://www.nominet.org.uk/disputes/drs/

    or the courts....
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    Jay
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    hmm

    I'll have to look into this more. I wonder who I should contact?

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    Flower Child stytagm's Avatar
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    Isn't there a precedent whereby if he tries to sell the domain to you, that is evidence that he was only squatting on the domain? Whereas if he used the domain for some purpose (any purpose) then he has a right to it.

    So you should probably be OK. If you do go legal, try and find a solicitor who's done this before, as I imagine a bog-standard solicitor, or even one used to corporate or copyright law would take a long time to get around the specifics of the case.

    PS This is what I remember, part of this Kid's problem was that he asked for payment, if he'd just kept the domain for his own use, Microsoft would probably have been stumped. http://www.cnn.com/2004/TECH/interne....rowe.soft.ap/

    Edit: And this from El Reg on the same topic, specifically the second paragraph. http://www.theregister.co.uk/2004/01...ke_rowe_legal/ I know this is the reverse of your problem (genuine cyber squatting) but he gist may be relevant.
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    0iD
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    Nothing new about domain name prospecting though. Plenty of people have snapped up what they think will be valuable domains in the hope to one day sell at a profit, however much of a pain in the rear that may be.
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    Agent of the System ikonia's Avatar
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    pay the man £395 and be done with it.

    I've been through a few squatting cases through business and 9 times out of ten the time and hassle it costs you to get the domain, assuming you have a enough of a case, and you do require lot, is just not worth it.

    the problem you have is your company will have been formed after this website was registered so your trade marking or "branding" argument will go straight out the window.

    To be honest for a sought after domain for your self £395 + vat isn't a massive ammount. I've had to pay out a 2K for some domains that people have wanted.

    you can do all the legalities, but as long as he's not asking for 5K-ish is it worth it, and do you really need the .co.uk address, these are all questions.

    If you want a bit more off the record discussion on the domain dealings I've had I'd be happy to discuss (no company names) in a more private manner.

    If you do want to go the legal way I can offer some legal names who have done this both won/lost situations very well for me in the past.
    It is Inevitable.....


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    Hexus.Jet TeePee's Avatar
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    Look what happened with MikeRoweSoft...

    Nice to see something that actually works out

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    Jay
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    Quote Originally Posted by ikonia View Post
    pay the man £395 and be done with it.

    the problem you have is your company will have been formed after this website was registered so your trade marking or "branding" argument will go straight out the window.
    the company is 10 years old.

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    Agent of the System ikonia's Avatar
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    ahh, the way you talked about the company which must be a different one, lead me to believe it was a new company. Your trade mark situation or identity could be valid then. My other points are fine, if the companies 10 years old I'm sure it can spare £395 as it must have a bit in the bank.
    It is Inevitable.....


  10. #10
    Jay
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    yes we can but this guy is just taking us for a ride and I don't think anyone else will want the domain. I would rather not pay and just allow him to keep it.

    I guess one day he will just not bother to renew it.

  11. #11
    Agent of the System ikonia's Avatar
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    not now that he knows you've got an interest, you can bet cash , £395+vat to be exact that it will be renewed for the next few years without fail.
    It is Inevitable.....


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    Jay
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    to be honest there is no one who will want it apart from us. What we offer he should really take or he will simply get nothing. We dont need the domain.

  13. #13
    Agent of the System ikonia's Avatar
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    its specialist to you so it costs £2 to renew it so its worth him keeping hold of it for a few years, more so now that he knows you've got an interest.
    It is Inevitable.....


  14. #14
    Jay
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    I am having a bit of trouble with this guy now. He has sent me a rather snotty email saying he will keep hold of it as it makes so much cash from PPC

  15. #15
    Agent of the System ikonia's Avatar
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    there you go then. As I said it may have been easier to just pay the money
    It is Inevitable.....


  16. #16
    Jay
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    lol

    Sod it. I will not bow down to money grabbing pigs. He can keep it.

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