Is This Illegal?

[Anonymous]

Ok lets say there is a website which you want their domain name. They forget to renew it and you quickly get it for yourself. Can they go to court over it and get the possession of the domain given back to them, even though they failed to renew domain and allowed anyone to get the domain.

[CrYpTiC_MauleR]

Sorry above was me, wasnt logged in.

[COBOLdinosaur]

Not enough information, but on the face of it I would say that the new ownership should hold up unless the old owner can prove that the domain was registered to hold it hostage and force them to pay an unreasonable price for its return.

Though there could also be an argument made if the domain is part of a set of similarly named domains, and the use of the domain by the new registrant could confuse customers of the original owner.

All of course subject to the quirks of whatever jurisdiction deals with the case.  SO...  best advice on any of this kind of thing is contact a lawyer with experience in this kind of litigation.

[Anonymous]

I believe that if a domain name is owned by Microsoft, then you lose. Or you may get an XBox.

I lost my first ever domain name because I forgot to reregister.

It is now an ad page for a hair dressing salon.

razorsedge.co.uk

I want it back.

But it is not set to expire until 10th April 2006.

Ho hum.

I think there is legal precedent about this though. If you intend to use the domain name as a rival to the original name, say you sell Linux/Apple software and you managed to register microsoft.com when it expired, then you will probably lose and get an XBox.

And different laws apply in different places. I would like the UN to have legal control over this sort of thing, as each country has completely different laws - something the US is not very happy about (according to the TOS newsletter I received the other day).

Can you imagine working for NetForce - for real? Cool!

If you can prove a proper reason for the domain and it is NOT in conflict with the original owner, then you can probably name your price in selling it and the courts SHOULD agree.

But, I am no legal expert and every thing should be checked with a qualified solicitor/lawyer/barrister. I would also add judge if you know one. But the only one I know (close friends uncle) NEVER offers legal advice without payment. Normally a NICE bottle of very old malt whisky, which is sometimes VERY expensive.

[CrYpTiC_MauleR]

Well lets take this for instance.

computers.com is owned by Gateway but they forget to register it and Dell registers it. I mean some domain names its obvious what the intent of the domain will be in this case selling computers; which will be so falling into the category of rival which is bound to happen.

[subhuman]

Man, I'd hate to be the poor sap who forgot to re-register a Gateway or MS domain.

[nicholassolutions]

Man, I'd hate to be the poor sap who forgot to re-register a Gateway or MS domain.

Agreed =)

Though there could also be an argument made if the domain is part of a set of similarly named domains, and the use of the domain by the new registrant could confuse customers of the original owner.

Cd&'s right you would need a lawyer to sort this out, and the issue is not cut and dry like it is with some legal matters. For any reasonably well-established company though, you'd really have no leg to stand on, even if the domain name is not the sames as the company's. The applicable law is tademark/service mark law, which is fairly well-regognized internationally. In the US, those laws a are designed to keep people from confusing customers by offering similar products under identical or similar names. For some companies, they have the same names, but you'd never be confused by American Standard Programming Company and the place that sells toilets, so it's not a problem. For mega companies like Coke or Microsoft, though, the brand is so well known and their scope of business is so wide that you cannot use the names under any circumstance. A lawyer could advise you about where the line gets drawn for a particular case, but you'd really only be able to know when it went to trial for the lesser-known ones, especially since the reach of the internet is world-wide....

Matt

PS: Keep in mind that a trademark may not seem like it has anything to do with the company. e.g. ImLovinIt.com

[CrYpTiC_MauleR]

Well they renewed their domain =o( *sobs* but thanks for the feedback guys. Now who should I give the points to? =oP

[coral1]

Now who should I give the points to?

There's Points here?!?!  Where?!?!      :wink:

BTW: how about a slightly larger font in your sig. Can't hardly read it.

[Anonymous]

Just go to http://en.thinkexist.com/quotes/edmund_burke to see all the quotes about evil, power, corruption, doing nothing (or a little) and oppression. To name just a few of the delightful things that man is capable of.

[CrYpTiC_MauleR]

*sighs* I hate mankind, feel no pity for us when we end up killing each other off to extinction.

[Analyst]

Does Mt. Oread ever get snow?  My brother graduated there, and I have always wondered how students navigated the streets in sloppy weather.

[Bartender_1]

This reminds me of http://nissan.com
The guy is being sued by Nissan Motors. There is info in the link on his page. I think Nissan Motors should just get over it and host the site: http://UsedToBeDatsun.com (It's still available.)
 :lol:

Bartender_1