Domain Name Issues - Tilted Forum Project Discussion Community

Verticon:: · 11-15-2005, 05:56 PM

I have a company that didn't treat me so well doing client work. I ended up buying the .net side of their domain name. I am wondering if there are any illigal situations I could get myself into here or that I should watch out for. Obviously, this site is not going to be libel, rather, personal experiences at that company. I will be hosting a, "in my opinion..." web page.

cyrnel · 11-15-2005, 06:26 PM

Even without libel - and that would be arguable - are you willing to spend as much to defend you opinion as they're willing to spend to shut you up?

You might be better with a AVOIDcompanySUCKS.com domain instead of using the pure company name under another TLD. At least "message" domains have precedent as protected speech. If you use theirname.net you face the chance of being labeled a squatter and losing the domain right out of the gate.

Etarip · 11-15-2005, 07:30 PM

mmm, I agree with cyrnel, They should be able to claim copyright on companyname.(com net org ect...) Don't quote me on it but I seem to remember a few domain names being turned over based on copyright.

Verticon:: · 11-15-2005, 07:36 PM

no, they are not names like dell.com, they are names put together. I was at the meeting when they were deciding on domains to purchase.

Verticon:: · 11-15-2005, 08:23 PM

I did a bit of research and i found that if the web site is in any portion of their 'company name', they can use ACPA or ICANN to take the domain away or file charges. Aparently it would fall under cybersquatting if I can not prove intent to use the domain in any way. As long as I don't post anything on those sites, the company can not sue for damages. They can, however, take the domain away from me after proving a list of requirements:

the trademark was distinctive at the time the domain name was first registered
the domain name is identical or confusingly similar to the trademark, and
the trademark qualifies for protection under federal trademark laws -- that is, the trademark is distinctive and its owner was the first to use the trademark in commerce.

cyrnel · 11-15-2005, 08:30 PM

That's something for a domain savvy PT attorney. I'd avoid it.

If it were my company, the first thing I'd do is notify Network Solutions and your provider with a takedown notice. I'd include my business domain with any copyright I feel I'm entitled (fictional names are protected), plus my statement in good faith that this is confusing to customers. More than likely, with the same name, business vs. individual, this would result in suspension. You have the opportunity to defend yourself, but you'd have to state that your site isn't infringing and wait up to two weeks for your site to be restored. If thecompany.com files whatever defensive lawsuit during that time you'd be down until that was resolved.

OTOH, protest sites using companySUCKS.com domains are common. Given the same site content you'd show up just as often in search engines, and you wouldn't run into the too-simple takedown problem. Registrars and providers are used to making exceptions for protest sites since they've stood up to legal tests. (The domain names, not necessarily the content. That could still land you in hot water.)

losthellhound · 11-16-2005, 01:59 PM

libel these days is a bad thing to get into. Anonymous bloggers can be sued for even the slightest of comments, so someone attached (or formally attached) can get into worse issues. Even if they are true personal experiences, they can claim suit and drag you down

11-15-2005, 05:56 PM	#1 (permalink)
Verticon:: Upright	Taking a companies domain name? I have a company that didn't treat me so well doing client work. I ended up buying the .net side of their domain name. I am wondering if there are any illigal situations I could get myself into here or that I should watch out for. Obviously, this site is not going to be libel, rather, personal experiences at that company. I will be hosting a, "in my opinion..." web page. Last edited by Verticon::; 11-15-2005 at 06:06 PM..

11-15-2005, 06:26 PM	#2 (permalink)
cyrnel Adequate Location: In my angry-dome.	Even without libel - and that would be arguable - are you willing to spend as much to defend you opinion as they're willing to spend to shut you up? You might be better with a AVOIDcompanySUCKS.com domain instead of using the pure company name under another TLD. At least "message" domains have precedent as protected speech. If you use theirname.net you face the chance of being labeled a squatter and losing the domain right out of the gate. __________________ There are a vast number of people who are uninformed and heavily propagandized, but fundamentally decent. The propaganda that inundates them is effective when unchallenged, but much of it goes only skin deep. If they can be brought to raise questions and apply their decent instincts and basic intelligence, many people quickly escape the confines of the doctrinal system and are willing to do something to help others who are really suffering and oppressed." -Manufacturing Consent: Noam Chomsky and the Media, p. 195

11-15-2005, 08:23 PM	#5 (permalink)
Verticon:: Upright	I did a bit of research and i found that if the web site is in any portion of their 'company name', they can use ACPA or ICANN to take the domain away or file charges. Aparently it would fall under cybersquatting if I can not prove intent to use the domain in any way. As long as I don't post anything on those sites, the company can not sue for damages. They can, however, take the domain away from me after proving a list of requirements: the trademark was distinctive at the time the domain name was first registered the domain name is identical or confusingly similar to the trademark, and the trademark qualifies for protection under federal trademark laws -- that is, the trademark is distinctive and its owner was the first to use the trademark in commerce.

11-15-2005, 08:30 PM	#6 (permalink)
cyrnel Adequate Location: In my angry-dome.	That's something for a domain savvy PT attorney. I'd avoid it. If it were my company, the first thing I'd do is notify Network Solutions and your provider with a takedown notice. I'd include my business domain with any copyright I feel I'm entitled (fictional names are protected), plus my statement in good faith that this is confusing to customers. More than likely, with the same name, business vs. individual, this would result in suspension. You have the opportunity to defend yourself, but you'd have to state that your site isn't infringing and wait up to two weeks for your site to be restored. If thecompany.com files whatever defensive lawsuit during that time you'd be down until that was resolved. OTOH, protest sites using companySUCKS.com domains are common. Given the same site content you'd show up just as often in search engines, and you wouldn't run into the too-simple takedown problem. Registrars and providers are used to making exceptions for protest sites since they've stood up to legal tests. (The domain names, not necessarily the content. That could still land you in hot water.) __________________ There are a vast number of people who are uninformed and heavily propagandized, but fundamentally decent. The propaganda that inundates them is effective when unchallenged, but much of it goes only skin deep. If they can be brought to raise questions and apply their decent instincts and basic intelligence, many people quickly escape the confines of the doctrinal system and are willing to do something to help others who are really suffering and oppressed." -Manufacturing Consent: Noam Chomsky and the Media, p. 195

11-16-2005, 01:59 PM	#7 (permalink)
losthellhound Thats MR. Muffin Face now Location: Everywhere work sends me	libel these days is a bad thing to get into. Anonymous bloggers can be sued for even the slightest of comments, so someone attached (or formally attached) can get into worse issues. Even if they are true personal experiences, they can claim suit and drag you down __________________ "Life is possible only with illusions. And so, the question for the science of mental health must become an absolutely new and revolutionary one, yet one that reflects the essence of the human condition: On what level of illusion does one live?" -- Ernest Becker, The Denial of Death

11-15-2005, 07:30 PM	#3 (permalink)
Etarip Tilted	mmm, I agree with cyrnel, They should be able to claim copyright on companyname.(com net org ect...) Don't quote me on it but I seem to remember a few domain names being turned over based on copyright.

11-15-2005, 07:36 PM	#4 (permalink)
Verticon:: Upright	no, they are not names like dell.com, they are names put together. I was at the meeting when they were deciding on domains to purchase.