Register Co. name as a trade mark to claim back rival domain squatting

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Register Co. name as a trade mark to claim back rival domain squatting

2008-02-10 14:50:55

=Karma-Kills=: "Don't post while intoxicated."; +356|7013|England

Yeah, that subject made no sense... but thats because this is kinda an odd question.

I read here a case where a guy was about to register his company name with Companys House, but someone beat him to it. He was advised to register a similar name with companys house, and then as a trade mark, so he could get the other company de-registered for copyright infringement. Does this apply to websites / domain names?

I ask because, we have a company, Company Ltd. We have a website, company.co.uk. Some bitch ex employee left the company, set up Bitch Company, bought bitchcompany.co.uk and also company.com - to redirect to his site. So, can i register the company name, Company Ltd as Copy Right / Trade Mark, and then claim copy right infringement on the company.com website?

This could open a nasty can of worms, as after i found out Bitch Employee bought company.com, i bought every variation on Bitch Company i could find (.com, .net companybitch etc. etc.) So, to stop Bitch employee doing the same back to me (registering trade mark), would i also have to trade mark his Bitch Company (can i even do that?)

Well, if you got passed all the bitches and atcually made sense of that ill be impressed, and if you could even offer some help ill be damn grateful.

Cheers guys.

Karmaz for constructive replies - this is serious buisinezz, hence D&ST, i call on your mighty wisdom.

2008-02-10 14:51:57

GunSlinger OIF II: Banned.; +1,860|7072

I dont think so. Imagine the kind of precedent that would create.

2008-02-10 15:00:11

=Karma-Kills=: "Don't post while intoxicated."; +356|7013|England

That what im thinking. But im struggling to find the exact legal detail that stops this.

2008-02-10 15:02:24

smartdude992: Keep your head down, smart's got a gun; +30|6360|Georgia, US of A

really depends on where you are, judging by the web address, the uk, so the laws might be different...

2008-02-10 15:46:05

ghettoperson: Member; +1,943|7078

I'm assuming company.com isn't your actual company and that was just what you called it for a second. It took me a few seconds to realise that.

2008-02-10 17:24:29

smartdude992: Keep your head down, smart's got a gun; +30|6360|Georgia, US of A

so did you end up workin it out?

2008-02-10 17:33:58

TSI: Cholera in the time of love; +247|6410|Toronto

try this: since you've registered the domain (.net, .etc, etc ), as long as he hasn't you're set to claim copyright/trademark infringement. the fact that he's registered .com means nothing--so long as you can
1. redirect clients to your real address, as ppl will intuitively go for a .com--make sure they know
2. attack the dude for said infingements, you will probably get removal of the .com if it works, which you can buy pronto.
3. if 2. fails, then hack him. Or else, attack him for misdemeanor and misrepresentation of a company (after all, he HAS NO RIGHT TO USE YOUR COMPANY REGARDLESS OF THE SITUATION, BECAUSE HE IS NO LONGER AFFILIATED WITH IT)
hope it helps

I like pie.

2008-02-10 23:23:31

Harmor: Error_Name_Not_Found; +605|6977|San Diego, CA, USA

If you had a prior trademark for a name you can sue and get the domain name in a U.S. court. May cost upwards of $2,500 though. If your trademark was done after he registered the domain name and you can prove that he is cybersquatting (i.e. text on the page says buy it for $X essentially), then you can get the domain name.

However, if the current owner of the domain name can prove that he is using the domain name in good faith or for legitament reasons (for the court to decide), then you probably won't get the domain name.

At least that's from my experiences.

EDIT: Also if you could prove that a company in your field intentially purchased the domain to soil your name (i.e. people goto your company's perceived website and defamatory/incorrect information is on that website), you can sue for deformation. If you have a good lawyer you could probably also sue if you can show they are being anti-competitive.

Last edited by Harmor (2008-02-10 23:32:02)

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