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This is just my opinion, but every time I go look for a new name for a website I am going to put up, I make very sure that I get a .com and that the .net and .org variations are available as well.
Even if I don’t get the .net or .org, I am the first to have the top level which usually means im the first with that name.This insures that no one will be in my way when it comes to a possible copyright/intellectual property infringement.
There’s no reason to ever buy a .net, or .org of a domain name that the .com was taken unless you are an organization and get a .org I guess, or you thought somewhere in the back of your mind that one day they may offer you money for it.
If you’re fairly new to buying domains, and the internet in general I can understand why you might have done that though. Let this be a 8.88 cent lesson to you. Give them the domain and only be out 8.88, or don’t and risk a lot more of a monetary loss.
Lawsuits aren’t worth fighting if you aren’t making money off what you’re fighting for.
Nathan
I would give it up also, for the price it cost me.
If you want to cinsult a lawyer I can point you to anoutfit that handles these things, but it’s going to cost.
If the peer to peer sues you, actually files a suit, you will likely try to settle and get stuck with all the lawyer’s fees.
Nathan and Dominique both have very good points and the intelligent thing to do would probably be to take their advice.
My only question would be…if these people felt so strongly about it, why didn’t they buy the .net themselves so no one else could get it?
If they chose not to buy it and leave it available for purchase by someone else then I guess these twits got what they deserve.
If it were me…I would have to put the question to them about their motives for leaving the .net out there available for someone else. It was there…giving the assumption they did not want it, so you bought it. Now that it belongs to someone else…now all of a sudden they have to have it. Typical !
I would tell them I have already spent time in the development of the site and / or in the printing of stuff with the domain name on it or whatever and at least try to grind a thousand bucks out of them…not that a thousand bucks is going to make or break anyone…just to stick the fork in and make them pay for their incredible stupidity…but then that’s just me. :devil:
here is an exact quote “A technical error with our domain registration company allowed you to register….”
i guess he thinks i am a jackass. he told me to start the transfer process or else he will pursue legal action. correct me if i am wrong, but i think the intended receiver needs to initiate it and then the owner needs to approve it? i think i am going to let him have it, but i will be sure to call him a jackass in the process.
Sounds to me like their “legal action” should be against the domain registration company for making the…”technical error which allowed you to register the name.”
What a Crock! … you cannot sue someone for your own oversight or incredible stupidity.
I still say tell them they can have it for a thousand bucks.
They’re not going to run right out and file a lawsuit … lawsuits cost money … the retainer would be more than a thousand bucks.
You have a 50/50 shot … maybe they’ll give you the money … or maybe they’ll have their attorney send you a letter threatening to sue.
If it’s the latter you can always say … OK … here’s your domain name.
If you do turn the domain name over to the company, you should probably state in your correspondence with them that in doing so you’re not admitting to any wrongdoing on your part, and you should probably have something in writing from them indicating that they won’t take any action against you in the future.
Please keep in mind that I’m not a lawyer, and this isn’t to be misconstrued as legal advice. It’s just common sense, in my mind.
And I would recommend contacting a lawyer immediately IF they have a lawyer contact you.
If the domain in question is not a trademark, the domain
is yours.
:rolleyes:
Would you be able to post the domain. I’m sure that’s not ‘Illegal’. It’s hard to know what to do if we don’t know the domain.
I think there’s a difference between somebody like http://www.onlinecasino.com asking for the .net or .org domain, and http://www.yahoo.com asking for the .net or .org domain.
Originally posted by aleph
If the domain in question is not a trademark, the domainis yours.
:rolleyes:
Very good point.
Do they even have the name preceding the extension trademarked?
I may be wrong, but I don’t think they can do anything at all legal if they don’t. Also, if they ran out and got a trademark on it now, they’d have to prove it was trademarked before you registered it yours.
I don’t really know anything about this stuff myself. With all the extensions available now, it just does’t seem possible that, just because they registered the .com, they would assume any rights to the .net’s, .org’s or .whatever’s.
However, as Eyescoffee said; “I think there’s a difference between somebody like http://www.onlinecasino.com asking for the .net or .org domain, and http://www.yahoo.com asking for the .net or .org domain.”, it most likely makes a huge difference on exactly what .com domain name is involved here – whether it’s an unbranded, generic gambling portal or a well-known one.
I would tell them to kiss your butt.1st if they havent trademarked the name you have nothing to worry about.2nd If you have not done anything with with the domain you have not infringed on their trademark even if they do have one.3rd I sure wouldnt give them a darn thing and take a loss even if it is 8.88.4th I would let them know that you will be contacting your attorney and forwarding their emails to him.5th.If you decide you dont want to deal with all the problems I will buy the domain name from you for 8.88.. or whatever the registration fee was .
MM
I just remembered an old news story between googles.com and google.com
You might want to read this: http://www.geek.com/news/geeknews/2004Jun/gee20040708025901.htm
If it’s not a trademark thay hav no or littla chans too winn.
Moste are stupid site owners trying to get lucky by sending stupid letters.“What should I do?”
Nothing.
There is absolutely nothing to talk about here. If the .com is registered first, they had a chance at the .net and didn’t take it. Frankly the only thing you should consider is either posting their name here, or notify the authorities of their extortion attempt.
The trademark point is a good one but its not quite as simple as that. If say it wasnt trademarked, and they could argue effectively that you were harming their reputation or in any way misleading people in thinking you were affiliated with them, then they would still have a case. If for example the y have a well known brand name, and your domain includes that suggesting to net users that it is related, then i’d give it up.
If however the domain name is a “dictionary” word or “common phrase”, then they would find it much harder to prise it away from you.
If you could post the domain name, i’m sure you’d get much more precise opinions. For example if it was Microsoftgambling.net, then give it up quick
