Anyone a Lawyer?

[Morpheus]

I know this is probably not the best place to look but I was thinking who couldn't trust a lawyer that owned a searay.

Specifically I'm looking for someone with knowledge on internet domain name laws and copywrite issues.

Thanks

 

[skolbe]

Not a lawyer but a Marketing Person who has dealings with this issue.

 

[Morpheus]

Basically the short version is:

My business domain represents the business name and have had the domain since 1998.

In the last few weeks my customers have been emailing the wrong person whom has the same domain just 1 letter difference. The owner of that domain suggested I change my name so there would be no confusion. This made me laugh since their domain was originally registerd in 2003. Should I do anything about this can I.

 

[papogator24]

is your business name copyrighted? I am not sure if there are copyright laws on domain names. You may want to research about that.


My parents business name is copyrighted and another business in Miami took the same name and threatened to sue us...my parents laughed in their face...it was settled out of court with us winning.

 

[JC3]

And what do they say about a "Thousand Lawyers at the bottom of the ocean" ? THATS A GOOD START!!!!!!!!!!!!!!!!! :smt043 Couldnt help myself. :wink: JC

 

[skolbe]

There are many similiar names with Domains - I think you are going to have to work with your customers to insure they enter it correctly or make it easier to enter.

 

[Morpheus]

Well changing names is definitly not an option.

Without putting the real domain names on here in quesiton (not here to advertise just get some friendly advice)

Lets say my company name is Web Site Hosting, Inc. (I am incorporated in the state of Florida) and our domain is websitehosting.com

Well the person that thinks we should change the name that we have had for 9 years is websiteshosting.com and according to their registration the company name is Williamas & Associates and are in a different state then me.

(I've used fake domains and company names just as examples)

 

[skolbe]

Copyright is usually required to Protect a domain name. But using the plural if available is popular.

 

[270SLX]

This is why I've heard that you should purchase domaine names that are close misspelling of your domain name to avoid these situations. That makes it sound like you're screwed but I'm no expert on these things.

 

[Turtlesboat]

I have the same situation and it's just a pain in the.....

It costs a lot of money and time to chase down these weasles. Not worth it unless it's costing you BIG bucks. You can minimize it by saturating search engines with links. The more you can push you domain to the top, the less likely they will miss click.

 

[Dancin Dave]

As far as I understand it a domain name is no different than a telephone #. Someone basically is dialing the wrong letter instead of a number. sounds innocent not criminal. Is the similar domain name owner in your same industry? if not you have nothing to lose. I would try making clear what your domain is to your clients and tell them to type it properly. Anyway even if the name was close and trademarked the offender would have to be in your same industry code. if your mark is used in the auto repair biz and the offending mark is in say fast food, you dont have a case. Turtle is correct it will cost big bucks to chase these guys just to make them comply.

 

[gerryb]

I'm a lawyer and have some limited experience in this area (helped set-up 8-9 small businesses and domains). It is important to note that you have the burden of proving the infringement, and it is not easy. If the businesses are not in the same industry, it will be almost impossible. The phone number analogy, while not really the same given ICANN rules and IP law, is illustrative for the purpose of saying you don'get to use other numbers that are close to yours just because they are similar.

Not knowing any of the details I hesitate to weight in on this...but my recommendation is that you hire an attorney and have him send a letter stating in KIND words (no threats -that just doesn't work) a proposal that includes terms: 1) that would have you pay them some money for the name they are using( $500-$1,000 or more, depends..and expect them to ask for MORE), 2) that you will also pay for the registration of a new domain name for them to replace the one you are taking, and 3) you would forward to them any customer inquiries that would have gone to them from the old site for a period of 90 days after taking over the URL. Don't need a rocket scientist for an attorney - you're not going to file a suit on this unless big bucks are involved. If the proposal is accepted, you may be out a couple thousand bucks. If not, you'll have a better idea what you are up against.

And remember that FREE legal advice is worth what you paid for it... :huh:

 

[Four Suns]

I've run several investor-backed software companies over the years and have been involved with litigation on Intellectual Property cases as well. I'm no expert, but I've seen and dealt with a bunch of this stuff over the years. There are three basic areas of IP and they are Copyrights, Trademarks, and Patents.

First off, I think skolbe meant to say "trademark" and not "copyright". You can't copyright a name. Copyrights are for works (art) such as literature, source code, sculptures, some graphics, etc.

There are certain rules to trademark your name and you have to follow those for any of the laws around trademarks to be in your favor. I would suggest you research around that area if you desire to trademark your business name. On a simple level, it involves using the "TM" symbol for a period of time and then registering your name with the US Patent and Trademark Office (USPTO) and then you have to use a "circle R" on your name indicating the USPTO has granted you this registration (you get a nice shiney certificate to hang in your bathroom or such). There are certain conditions, however, that must be met before that can happen. Also, you can trademark the actual name or have a stylistic trademark (like the McDonalds golden arches or Apple Computer's apple) and it generally only applies to your specific industry.

There is case law around cyber squatting domain names now and if someone grabs a domain name of a valid trademark for the purposes of confusing the market place or stealing customers, the owner of the trademark can go after them for damages. But that's the tricky part... what are your damages? You have to be very careful of lawyers that say "You have a good case" and then start charging you $400 an hour. At the end of the day, IP litigation should only be done if there are real and substantial damages you can prove and recover and/or you really need to protect that trademark. There are other nuances around IP law like if you know someone is violating your trademark and don't defend it for a certain amount of time, you can lose it but that is what a good IP law firm can determine. If you are serious about this, you need a law firm that has a practice in IP and not a general practice law firm. That would be like going to a foot doctor for a toothache.

Again, I'm no expert but having someone's domain "close" to yours is not enough reason for a case unless they are doing something dasterdly (sp?). If the entity is also stealing the content on your website (that would violate copyright laws also and is a whole different set of rules and laws), then you have a better case and can get more than just your direct damages if you followed the copyright filing rules.

My 2 cents...

Stay away from litigation... only lawyers make money.

 

[Morpheus]

Thanks everyone. I knew I could count on use SeaRay owners.

I've spoken to the other domain owner and we basically agreed to stay out of each others way and to play nice and stay out of each others area of business.

So hopefully it won't get dirty. Funny in 9 years I've never had to deal with this before and then one day to get an email that suggests I change my domain name that I've had for 9 years was just funny.

Thanks for the insight, tips, and advice.

 

[RT 240SD]

If it is a cordial (semi) cordial relationship, you could offer (and ask that he does as well) to forward any inquiries that you get that should be directed to his business.

Most business owners, until they turn into corporate monoliths, are more than willing to play nice. It's a tough world out there and its easier to have a friend than an enemy.

Heck, even competing small businesses tend to help each other out in my experience.

 

[wkearney99]

Over the years I've owned several domains, some as just the .net or .com variant. I've gotten mail from the 'other' .com or .net domains from time to time. One made a similar request. I offered to provide e-mail forwarding to the tune of $10 per message. Surprisingly the incorrect addressing stopped.

I took this example from my father (now deceased) when dealing with a radio station that had a contest number one digit off his office line at home (think 555-2121 versus 555-5212). This was a number he'd had for well over 20 years, while theirs was just issued. After a few weeks of this nonsense my Dad struck upon a plan...

He started telling ALL the callers they'd won the contest.

The call-in number got changed the very next day.