Domain name infrigment - GoFuckYourself.com

Jensen · 05-17-2011, 02:21 PM

I have a mainstream biz that have been going for about 5 years. The domain I use is premium and now some smartass have registrered an "n" in the domain and is offering the same product.

Wouldn't normally bother me that much but have recieved some questions lately from people asking me about their stuff etc so it's obviously confusing to customers. I've also written the service about their domain and they are rather abusive with their language.

Anyone have any good advice on how I should proceed with this?

Redrob · 05-17-2011, 02:24 PM

I'd speak to an attorney. I heard that if they are offering the same products that you are it could be considered "dilution of mark or infringement". I am not an attorney.

Definition on website.

mafia_man · 05-17-2011, 02:26 PM

Quote:

Originally Posted by Jensen

I have a mainstream biz that have been going for about 5 years. The domain I use is premium and now some smartass have registrered an "n" in the domain and is offering the same product.

Wouldn't normally bother me that much but have recieved some questions lately from people asking me about their stuff etc so it's obviously confusing to customers. I've also written the service about their domain and they are rather abusive with their language.

Anyone have any good advice on how I should proceed with this?

Did you incorporate your business before the registered the name? Can you provide evidence for that?
Do you have any trademarks? Again evidence.

If the answer to the above is yes, then get an attorney and try and seize the name.

TripleXPrint · 05-17-2011, 02:29 PM

It sounds like you're the victim of typosquatting...a variation of cybersquatting. It is not entirely illegal depending on what they're using it for. From what you've posted, they're selling the exact same product. Does the website look exactly like yours? Are they trying to deceive your customers into thinking they're purchasing from you?

There is no cut and dry answer to this question. Do a search for typosquatting and you'll find tons of resources that can help you out.

marlboroack · 05-17-2011, 02:30 PM

Buy them out?

Jensen · 05-17-2011, 02:35 PM

Quote:

Originally Posted by mafia_man

Did you incorporate your business before the registered the name? Can you provide evidence for that?
Do you have any trademarks? Again evidence.

If the answer to the above is yes, then get an attorney and try and seize the name.

yes, yes and no. Been trying to read up on the subject and from what I'm understanding if the domain is identical or can be confused to be the same as your company, brand or product you might have a good case. Registrering "domain n name.com" would be violating both identical and confusing?

Attorneys are expensive, but have found some local companies that are experts in domain disputes so I might give them a call in the morning.

Is there a way before going to that step? Any point in filing with WIPO myself or is that just waste of time?

Jensen · 05-17-2011, 02:38 PM

Quote:

Originally Posted by marlboroack

Buy them out?

Not really where I want to go with their abusive answers to my emails. Do understand that being an option though.

Jensen · 05-17-2011, 02:41 PM

Quote:

Originally Posted by TripleXPrint

It sounds like you're the victim of typosquatting...a variation of cybersquatting. It is not entirely illegal depending on what they're using it for. From what you've posted, they're selling the exact same product. Does the website look exactly like yours? Are they trying to deceive your customers into thinking they're purchasing from you?

There is no cut and dry answer to this question. Do a search for typosquatting and you'll find tons of resources that can help you out.

Tricky to answer, exactly the same product marketed the same way and customers are confused. Website is built the same way, not 100% on design.

I just noticed though that they are using my domainname exactly on twitter if that makes any difference. That surely adds to customer confusion.

Jensen · 05-17-2011, 03:16 PM

Just contacted an lawcompany that deals with trademarks, patents, disputes etc and will have them look into it. Anyone interrested in hearing how it goes?

TripleXPrint · 05-17-2011, 03:18 PM

Quote:

Originally Posted by Jensen

Just contacted an lawcompany that deals with trademarks, patents, disputes etc and will have them look into it. Anyone interrested in hearing how it goes?

I would be interested as I'm going through a somewhat similar situation. Not nearly as bad as yours, but similar nonetheless.

OY · 05-17-2011, 03:19 PM

Quote:

Originally Posted by Jensen

Just contacted an lawcompany that deals with trademarks, patents, disputes etc and will have them look into it. Anyone interrested in hearing how it goes?

I would like to know. We are being harassed by typo-squatters all the time too.

DateDoc · 05-17-2011, 03:19 PM

yes keep us posted - should be a case u win.

kacy · 05-17-2011, 03:41 PM

You would have to dispute the registration with ICANN
http://icann.org/en/udrp/udrp-policy-24oct99.htm

I believe that ICANN arbitrations cost between $5000-$7500, depending on
complexity, which includes substantial filing fees paid to WIPO
http://www.wipo.int/

Basically, this would only be worth pursuing if you have a trademark, if you don't then the likelihood of winning the case is slim.

Vendot · 05-17-2011, 04:29 PM

Quote:

Originally Posted by kacy

Basically, this would only be worth pursuing if you have a trademark, if you don't then the likelihood of winning the case is slim.

Extremely slim (without a trademark) is the bottom line. If you choose to now get your trademark, it is too late because what they are doing came first.

TheDA · 05-17-2011, 04:37 PM

You might be lucky and they will fold on the first letter from your lawyer.

From what you've said your case sounds stronger than theirs.

V_RocKs · 05-17-2011, 04:37 PM

Quote:

Originally Posted by Vendot

Extremely slim (without a trademark) is the bottom line. If you choose to now get your trademark, it is too late because what they are doing came first.

Not always the case... Apple trademarked App Store after Amazon already began using the term and the courts saw it in Apple's favor since Apple used the mark first.

MrPinks · 05-17-2011, 04:50 PM

Interesting situation. I'm in the same boat. Some bonehead is running around with mrpink.com and putting a poor attempt at a tube site on it. I asked them very politely if they would sell me the domain. No luck.

gideongallery · 05-17-2011, 05:08 PM

Quote:

Originally Posted by V_RocKs

Not always the case... Apple trademarked App Store after Amazon already began using the term and the courts saw it in Apple's favor since Apple used the mark first.

there is a huge difference between going thru the courts and arguing all the facts

and using the speedy and incredible cheap domain resolution policy

and the former is what was being discussed in the slim chance reference

if you want to spend a bucket load of cash and fight it thru the courts you can prove your case but it way harder and a lot more expensive.

CYF · 05-17-2011, 05:26 PM

Quote:

Originally Posted by kacy

You would have to dispute the registration with ICANN
http://icann.org/en/udrp/udrp-policy-24oct99.htm

I believe that ICANN arbitrations cost between $5000-$7500, depending on
complexity, which includes substantial filing fees paid to WIPO
http://www.wipo.int/

Basically, this would only be worth pursuing if you have a trademark, if you don't then the likelihood of winning the case is slim.

UDRP arbitration is more like $1300 for a single arbitrator or something like $2600 for a 3 panel.

http://domains.adrforum.com/main.asp...=237&news= 26

~Ray · 05-17-2011, 05:41 PM

don't be scared of legal cost, you can get the domain and legal fees from the other party. You need a lawyer. Good job calling one. I hope your meeting goes well.

Kick his ass and make him pay your fees for doing it!

LiveDose · 05-17-2011, 09:23 PM

Looking forward to hearing about the outcome.

Jensen · 05-18-2011, 04:26 AM

Thanks for all the advice and info, I really appreciate that. I've been talking to Codex (one of the leading law firms in Europe) and they adviced a letter as the first step. If that doesn't do the trick it would be WIPO or copies to partners like billing, hosting etc.

They have a bunch of questions I'll have to get back to them with but from what I understand, the most important is to argue how they have taken advantage of the name. Not a 100% sure how to translate all the legal stuff to english so leaving that for now.

AdultKing · 05-18-2011, 05:07 AM

Quote:

Originally Posted by MrPinks

Interesting situation. I'm in the same boat. Some bonehead is running around with mrpink.com and putting a poor attempt at a tube site on it. I asked them very politely if they would sell me the domain. No luck.

MrPink.com existed long before mrpinks.com

TheDA · 05-18-2011, 05:16 AM

Quote:

Originally Posted by AdultKing

MrPink.com existed long before mrpinks.com

I remember mrpink as a tgp a while ago.

AdultKing · 05-18-2011, 05:23 AM

Quote:

Originally Posted by TheDA

I remember mrpink as a tgp a while ago.

I believe it was a gallery list, then a tgp , I know the domain has been around well over 10 years. Certainly the domain MRPINK.COM predates MRPINKS.COM

MrPinks · 05-18-2011, 07:51 AM

The last time I saw it in use was with a skydive team. Odd. that was a couple of years ago.

MrPinks · 05-18-2011, 08:05 AM

Unless you are talking pre-2000, it was a skydiving team website. I've had MrPinks.com since 2003, long before the tubes. Mrpink.com was turned into a tube late last year. Not much of big deal since that tube sucks major ass anyways. I just don't want people to assume our sites are related.

Quote:

Originally Posted by AdultKing

I believe it was a gallery list, then a tgp , I know the domain has been around well over 10 years. Certainly the domain MRPINK.COM predates MRPINKS.COM

TheDA · 05-18-2011, 08:39 AM

Quote:

Originally Posted by MrPinks

Interesting situation. I'm in the same boat. Some bonehead is running around with mrpink.com and putting a poor attempt at a tube site on it. I asked them very politely if they would sell me the domain. No luck.

Quote:

Originally Posted by MrPinks

Unless you are talking pre-2000, it was a skydiving team website. I've had MrPinks.com since 2003, long before the tubes. Mrpink.com was turned into a tube late last year. Not much of big deal since that tube sucks major ass anyways. I just don't want people to assume our sites are related.

Maybe you should consider legal action now in case it becomes a problem in the future.

zbuckz_lloyd · 05-18-2011, 09:33 AM

You don't need a trademark to win a UDRP case. In fact over 80% that file one usually win.

05-17-2011, 02:21 PM	#1
Jensen Confirmed User Join Date: Apr 2001 Location: Norway Posts: 3,790	Domain name infrigment I have a mainstream biz that have been going for about 5 years. The domain I use is premium and now some smartass have registrered an "n" in the domain and is offering the same product. Wouldn't normally bother me that much but have recieved some questions lately from people asking me about their stuff etc so it's obviously confusing to customers. I've also written the service about their domain and they are rather abusive with their language. Anyone have any good advice on how I should proceed with this?

05-17-2011, 02:24 PM	#2
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,790	I'd speak to an attorney. I heard that if they are offering the same products that you are it could be considered "dilution of mark or infringement". I am not an attorney. Definition on website. Last edited by Redrob; 05-17-2011 at 02:26 PM..

05-17-2011, 02:29 PM	#4
TripleXPrint Confirmed User Join Date: Apr 2007 Posts: 983	It sounds like you're the victim of typosquatting...a variation of cybersquatting. It is not entirely illegal depending on what they're using it for. From what you've posted, they're selling the exact same product. Does the website look exactly like yours? Are they trying to deceive your customers into thinking they're purchasing from you? There is no cut and dry answer to this question. Do a search for typosquatting and you'll find tons of resources that can help you out. __________________ Skype: Triplexprint

05-17-2011, 03:19 PM	#12
DateDoc Outside looking in. Industry Role: Join Date: Feb 2005 Location: To Hell You Ride Posts: 14,243	yes keep us posted - should be a case u win. __________________

05-17-2011, 03:41 PM	#13
kacy Confirmed User Join Date: Oct 2002 Location: So Cal Posts: 877	You would have to dispute the registration with ICANN http://icann.org/en/udrp/udrp-policy-24oct99.htm I believe that ICANN arbitrations cost between $5000-$7500, depending on complexity, which includes substantial filing fees paid to WIPO http://www.wipo.int/ Basically, this would only be worth pursuing if you have a trademark, if you don't then the likelihood of winning the case is slim. __________________ ~Kacy

05-17-2011, 02:30 PM	#5
marlboroack So Fucking Banned Industry Role: Join Date: Jul 2010 Location: ☣ Posts: 9,327	Buy them out?

05-17-2011, 03:16 PM	#9
Jensen Confirmed User Join Date: Apr 2001 Location: Norway Posts: 3,790	Just contacted an lawcompany that deals with trademarks, patents, disputes etc and will have them look into it. Anyone interrested in hearing how it goes?

05-17-2011, 04:37 PM	#15
TheDA Confirmed User Industry Role: Join Date: May 2006 Posts: 4,665	You might be lucky and they will fold on the first letter from your lawyer. From what you've said your case sounds stronger than theirs.

05-17-2011, 04:50 PM	#17
MrPinks Registered User Join Date: Oct 2003 Location: FL Posts: 1,767	Interesting situation. I'm in the same boat. Some bonehead is running around with mrpink.com and putting a poor attempt at a tube site on it. I asked them very politely if they would sell me the domain. No luck.

05-17-2011, 05:41 PM	#20
~Ray visit hardlinks.org Industry Role: Join Date: Jun 2003 Location: Las Vegas , Nv >>> [email protected] or icq 94994627 anytime Posts: 18,362	don't be scared of legal cost, you can get the domain and legal fees from the other party. You need a lawyer. Good job calling one. I hope your meeting goes well. Kick his ass and make him pay your fees for doing it! __________________ Adult Backlinks for Adult Websites - Testimonials Available

05-17-2011, 09:23 PM	#21
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	Looking forward to hearing about the outcome. __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

05-18-2011, 04:26 AM	#22
Jensen Confirmed User Join Date: Apr 2001 Location: Norway Posts: 3,790	Thanks for all the advice and info, I really appreciate that. I've been talking to Codex (one of the leading law firms in Europe) and they adviced a letter as the first step. If that doesn't do the trick it would be WIPO or copies to partners like billing, hosting etc. They have a bunch of questions I'll have to get back to them with but from what I understand, the most important is to argue how they have taken advantage of the name. Not a 100% sure how to translate all the legal stuff to english so leaving that for now.

05-18-2011, 07:51 AM	#26
MrPinks Registered User Join Date: Oct 2003 Location: FL Posts: 1,767	The last time I saw it in use was with a skydive team. Odd. that was a couple of years ago.

05-18-2011, 09:33 AM	#29
zbuckz_lloyd Registered User Industry Role: Join Date: Feb 2011 Posts: 30	You don't need a trademark to win a UDRP case. In fact over 80% that file one usually win.