Domain name demand

terriermama

I bought several domain names a couple years ago some of which were generic names and some company names. I haven't done anything with the names, haven't set up any websites, just parked it. I have just received a demand from the IT manager of a known large company which has the same name as one of my domains, demanding I transfer over from my DNS to theirs. This domain name is also a generic name of sorts - hobby based. I enquired briefly with a lawyer friend of a friend and he said I'm cybersquatting.

I don't know what to do. Can they just take my domain name away after I've paid for it and legally own it? Is this a lost cause? Help please.

Alfie_E

It really depends on what the domain name is, what your genuine intentions were when you registered it and whether you’re prepared to fight.

Whether it’s a .com or a .uk domain name is important, as this determines which organisation would be involved with any mediation or arbitration. Legal action for either type of domain name could potentially be brought in either the UK or the US. However, I’m not sure how much use a US judgement would be in relation to a .uk domain name.

For a .uk domain name, look at Nominet’s Dispute Resolution Service FAQ.

heppy23

They can't just take it off you as it is registered in your name.

They can either do you for cybersquatting (which could be very expensive for you) or you can try to come to a sensible arrangement with a bit of money involved.

You can try and keep (your rights, belongs to you etc) but you may be better off just letting it go.

BritBrat

Was the other persons company that name when you bought it?

I think it all depends on why you bought it, if you had the name because you wanted to make money from an excisting company then you may lose it.

If you bought it in good faith for your own use then I would fight it if it was me.

But I know nothing about this issue and the above are just my thoughts.

Don't offer to sell it, or that may be used against you as your reason for having it.

Cybersquatting Wiki

sleep2much

Domain parking is a lottery, if they want it they can buy it off you, good luck and make a few quid, reply to him with a price, I doubt there is much they can do, http://www.discountdomainsuk.com/articles_archived/5/255/1 do a google search for domain parking, you can stick some adverts on your page and earn a couple of pound with advert clicks from people looking for his site, he is just trying it on.

JohalaReewi

Have to be carefull about offering to sell it to them because their legal guys will take that as admission from you that you registered the name with the intent to profit from it (ie in bad faith). (This is what Microsoft did with Mike Rowe who registered MikeRoweSoft.com).

superscaper

Alfie_E wrote: »

Legal action for either type of domain name could potentially be brought in either the UK or the US. However, I’m not sure how much use a US judgement would be in relation to a .uk domain name.

I don't think that's true. If a .uk domain was bought in the US, it doesn't change Nominet's juristiction. All proceedings would still happen in the UK. And vice versa, any proceedings with .com etc would have to be done in New York, the UK has no juristiction over ICANN.

superscaper

heppy23 wrote: »

They can't just take it off you as it is registered in your name.

No but Nominet/ICANN can. Of course they normally inform you of intent of a dispute, but if they can't contact you (e.g. your phone/email details with them are out of date) then they will just take it off you.

superscaper

JohalaReewi wrote: »

Have to be carefull about offering to sell it to them because their legal guys will take that as admission from you that you registered the name with the intent to profit from it (ie in bad faith). (This is what Microsoft did with Mike Rowe who registered MikeRoweSoft.com).

Although that ended with a settlement that both sides agreed to. Mike Rowe ended up getting quite a bit out of it. Disputes can be resolved without going to court. It really does come down to the individual circumstances and also the attitudes of both parties.

Alfie_E

superscaper wrote: »

…any proceedings with .com etc would have to be done in New York, the UK has no juristiction over ICANN.

Let’s assume we both live in the UK and have no connection with the US. If I were to maliciously register superscaper.com, are you telling me you’d have no right to take legal action against me in the British courts? I could say “no jurisdiction”, even though both parties are in the UK and harm is occurring in the UK, simply because .com administration happens to take place in America?

superscaper

Alfie_E wrote: »

Let’s assume we both live in the UK and have no connection with the US. If I were to maliciously register superscaper.com, are you telling me you’d have no right to take legal action against me in the British courts? I could say “no jurisdiction”, even though both parties are in the UK and harm is occurring in the UK, simply because .com administration happens to take place in America?

Depends what legal action you're talking about, if you mean suing for loss of revenue or something then I'd agree. But the gist of this thread is domain ownership, and the UK courts have absolutely no juristiction over ICANN at all. Any ownership dispute of a .com would have to be done through them. Why do you think that a certain russian mp3 site was taken to court in New York rather than Russia? It was because the New York legal juristiction was the only legal court that would be recognised as carrying any weight with ICANN. If I wanted to dispute ownership and take superscaper.com away from you, there's no legal recourse within the UK courts at all for that. It's a bit like buying land in the USA and then disputing ownership of it with someone, the UK courts have got nothing to do with it.

And vice versa with .uk and Nominet.