Fighting a websquatter.

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#1 no2pencil  Icon User is offline

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Fighting a websquatter.

Posted 19 March 2012 - 12:26 PM

The situation is this : Company A (registered in the state of Ohio) has come to me to develop them a website, host it, & register a domain name. However they have/had a domain name. A previous employee quit, started Company B (also in the state of Ohio), used the url from Company A with Company A's name in the url, & has logos for Company B. I contacted one of my lawyer contacts, he's not at all familiar with Web laws, but assured me that certainly Company B is performing illegal business practice as "Illegal Business Misconduct" as he put it. It's an attempt to dupe the customer, &/or use a registered business name illegally.

Yay, jargon.

So as my customer is on his way over to get this ball rolling, my question is this. Has anyone ever fought a web squatter before? My understanding is that if a letter from a lawyer is passed to the domain registrar (GoDaddy, for example) they hand over the domain name to avoid any legal action against them.

I'm just curious if anyone has had previous experience with this, good or bad.

Thank you :)

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Replies To: Fighting a websquatter.

#2 jon.kiparsky  Icon User is offline

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Re: Fighting a websquatter.

Posted 19 March 2012 - 07:18 PM

So Company B is using a domain name that resembles one that Company A might have used but didn't? I'm not a lawyer, but I don't know that you'll get much traction on that one. Is it illegal to have the word "microsoft" in your url, if you don't happen to be microsoft? I really don't know the answer to that one, but it seems a relevant question of fact. If the answer is yes, then you've got a better case, it seems to me.
The logos are more of an issue, if Company A took the trouble to trademark them.
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#3 no2pencil  Icon User is offline

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Re: Fighting a websquatter.

Posted 19 March 2012 - 07:51 PM

Thank you for your input. It's not really a question of 'if' it's illegal. I've already spoken to a lawyer that says even from a business standpoint, what Company B is doing is illegal. What I'm interested in is anyone with experience doing this.

I know someone in webhosting who deals with this all the time. A large company will call them up when they see websites with their business in the url, & a letter from a lawyer later they now own the domain. It's a nice story & all, I am just curious if anyone has any experience with this.

View Postjon.kiparsky, on 19 March 2012 - 10:18 PM, said:

Is it illegal to have the word "microsoft" in your url

Erm, you don't remember this?
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#4 jon.kiparsky  Icon User is offline

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Re: Fighting a websquatter.

Posted 19 March 2012 - 07:53 PM

I'm sorry, that was a dead link. You mean this?
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#5 no2pencil  Icon User is offline

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Re: Fighting a websquatter.

Posted 19 March 2012 - 07:54 PM

Yes, that's it exactly. I updated my link. Fuck you CNN.
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#6 jon.kiparsky  Icon User is offline

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Re: Fighting a websquatter.

Posted 19 March 2012 - 07:57 PM

You mean that up and running link to mike.rowe.soft.com? The one that seems to be not undergoing any kind of legal hassle at the moment?

I'm not sure I get your point...
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#7 no2pencil  Icon User is offline

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Re: Fighting a websquatter.

Posted 19 March 2012 - 08:00 PM

The legal battle was years ago. I wouldn't expect it to be on their front page, or on the website at all. ?

My point is that I'm not asking to argue the point of legality in this issue. I already know it's an illegal practice. I'm asking for people that have any experience with it.
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#8 jon.kiparsky  Icon User is offline

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Re: Fighting a websquatter.

Posted 19 March 2012 - 08:07 PM

Okay. I haven't had to deal with that. Good luck, though.
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#9 Craig328  Icon User is offline

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Re: Fighting a websquatter.

Posted 22 March 2012 - 10:02 AM

Nope, I don't know anyone who's had to fight that fight. On an associated tangent, I'd like there to be a provision that people can't simply snap up and park a domain for eons hoping they can extort money from someone who has a legitimate business interest in using it.

Trying to come up with an original name in the ".com" range is nearly impossible anymore unless you're simply pulling random letters out of your ass. I've been watching 2 domains for well over 6 years now. Never so much as a peep of development or any real use out of them. They're just there so if someone else wants to make use of them...they gots to pay big for the privilege.

I hate that crap.
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#10 Utael  Icon User is offline

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Re: Fighting a websquatter.

Posted 22 March 2012 - 02:00 PM

Under new law if there isn't any development on a specific url after a set time the url can be brought up for squatting. I am dealing with this atm for a city/business entity.
Long story short new facility is propsed and local jerk decides to extort money by squatting on a url. Quick letter to the domain registrar, with the cities atournies signature and bam we buy the domain for the registrars price not the 6 figures the local idiot wanted.

Sent from my ADR6300 using Tapatalk
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#11 Craig328  Icon User is offline

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Re: Fighting a websquatter.

Posted 22 March 2012 - 02:03 PM

Please to be providing links to "new law". I dunno if it'd apply to my situation (the domain I really want is being squatted on by some "kusipää" in Finland.
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#12 Viske  Icon User is offline

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Re: Fighting a websquatter.

Posted 23 March 2012 - 06:43 AM

I imagine he is referring to this (Wikipedia) law, which isn't so new. It's a US law, so wouldn't apply to Finland, although there may be a similar law there.
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#13 Craig328  Icon User is offline

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Re: Fighting a websquatter.

Posted 23 March 2012 - 06:58 AM

Ah. Yeah, that's no good to my situation...although it seems like a slam dunk solution for pencil's original question.
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#14 no2pencil  Icon User is offline

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Re: Fighting a websquatter.

Posted 23 March 2012 - 08:06 AM

As for Finland, the law would apply to the country of the domain registrar.
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#15 Craig328  Icon User is offline

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Re: Fighting a websquatter.

Posted 23 March 2012 - 08:08 AM

Well, for me it's not the venue that's the issue. I don't have a business or other entity the squatter is trying to trick with his reserved domain that he does nothing with. He just bought the damned thing and hasn't done shit with it for...well...ever.

It's just a name I want and would use if I could get it.
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