Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




43 posts

Geek


#115069 12-Mar-2013 17:25
Send private message

Hi not sure where to post so hopefully I have the right forum.

First up I suppose at the moment some are considering me to be a cybersquatter, but to be honest I think the organisation in question is a bully and I really hate bullies so I thought I would ask the geekzone family for some advice. My intention was never to be a cybersquatter, I saw a commercial opportunity so I took it.

I bought a couple of domain names last year, not really prepared to go into to much detail but a commercial entity wants them.

I have always been very open to the organisation that I owned the domain names and used them for legitimate use, very aware not to sully the trademarked brand, however due to additional circumstances the organisation now wants control of the domain names I purchased I have no idea why the names where not purchased prior. Initially they contacted me personally, they are a commercial entity so I put a commercial worth on the sites. No further negotiation was entered into, next thing I know I receive a lawyers letter offering me $500 and that I should transfer the domains immediatley, they didnt ask they demanded. Sounds like bully behaviour to me. 

Today I received a domain name commission complaint from what I can ascertain because I dont own the copyright I will probably loose, however I have invested time and money into the site and believe I should be compensated adequately not just a mere $500.

Anyone had any experience in this field? Any pointers? I have no intention of hiring a lawyer because I dont believe I have done anything illegal, we operate a first come first served ip address system.

The letter from DNC states I have 15 days to respond.
Regards
AB

Filter this topic showing only the reply marked as answer View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2 | 3
BDFL - Memuneh
67486 posts

Uber Geek

Administrator
Trusted
Geekzone
Lifetime subscriber

  #778709 12-Mar-2013 17:37
Send private message

I suggest you consult a lawyer.




 

 

These links are referral codes

 

Geekzone broadband switch | Eletricity comparison and switch | Hatch investment (NZ$ 10 bonus if NZ$100 deposited within 30 days) | Sharesies | Mighty Ape | Backblaze | Amazon | My technology disclosure 


16390 posts

Uber Geek


  #778711 12-Mar-2013 17:42
Send private message

Without more details, we can't comment. IANAL, but if the name is trademarked, you should have checked this prior to registering the domain. That is what you should have done prior to putting money into it, although not sure what you mean by putting money into it. From what you have said, you sound like you have decided that you have a weak case, but they do have a dispute service so, you can use that. But you are probably best to get legal advice. Maybe the CAB?

 
 
 
 


2420 posts

Uber Geek

Trusted

  #778719 12-Mar-2013 17:54
Send private message

Have a read of http://dnc.org.nz/decisions which are all the decisions made by the DNC in regards to domain names. It might give you an idea on how to respond to the letter from the DNC you have.

You'll see in most of them the complainant "wins" most of the time as other people are using their trademark for their domain.


341 posts

Ultimate Geek

Trusted

  #778721 12-Mar-2013 17:59
Send private message

Yeah, you'll generally find that a registered trademark trumps all else when it comes to domain names.

4427 posts

Uber Geek

Trusted

  #778727 12-Mar-2013 18:10
Send private message

Sounds like the organisation in question is following the correct process so far, so I think the best advice has already been given... "Consult a Lawyer"

Of course, I actually suspect that the best advice (in hindsight) would have been to take the $500 offer - from the wording in your post it reallllllly sounds like you are cybersquatting and you knew it.

Cheers - N




--

 

Please note all comments are the product of my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.


3600 posts

Uber Geek

Trusted

  #778730 12-Mar-2013 18:24
Send private message

To be honest, you do sound like a cybersquator. based on what you have said, for what other reason would you have registered them?




Speedtest 2019-10-14


7616 posts

Uber Geek

Trusted
Subscriber

  #778749 12-Mar-2013 19:04
Send private message

Hi, a company I worked for some years back when the internet was young and was IT officer for found that its company_name.co.nz had been purchased by a US clown. The company_name was trademarked and had been in business with that name for 20yrs prior. After a lot of legal issues the clown was forced in a court of law to release the domain, it cost us a lot of time and energy, it cost him over US$40k in legal bills and US court costs, doubt he stayed in that line of business much longer.

Little sympathy for your situation.

Cyril

 
 
 
 


22700 posts

Uber Geek

Trusted
Lifetime subscriber

  #778754 12-Mar-2013 19:19
Send private message

Yup, sorry but you are the definition of a cyber squatter and you should have taken the $500. If they have a trademark you WILL lose, as well you should.

Your only option would be to go back to them and offer them for $500 each, but now they have cottoned on the DNC will rule in their favour you will likely be laughed out the door.

677 posts

Ultimate Geek

Trusted

  #778803 12-Mar-2013 21:12
Send private message

If you have a legitimate case to make for the domain then i would either take LennonNZ said or consult a lawyer.

$500 sounds like a token amount for them to offer, if you took it then it would save them money. If not then they likely consider you dont deserve anything and will seek it being turned over.

Personally i have been through this a few times on behalf of companies trying to get a domain that is their trademark from someone.
I have always suggested that they not pay the current holder even if it costs more in the long run unless the holder has a right to use it.

However without knowing the domain or company have no real idea if you are squatting or have a legitimate use.




meat popsicle

BDFL - Memuneh
67486 posts

Uber Geek

Administrator
Trusted
Geekzone
Lifetime subscriber

  #778818 12-Mar-2013 21:30
Send private message

There's a different case though... If their trademark is limited to certain specific use and your website is not being used in the same area then you can have a chance.

For example TreeHug has a trademark at manufacturing sporting goods and your website treehug.co.nz is about environmental issues, then there's no trademark infringement really.

But if your website use the same colours, similar logo, and tries to service the same customer base then you lose.






 

 

These links are referral codes

 

Geekzone broadband switch | Eletricity comparison and switch | Hatch investment (NZ$ 10 bonus if NZ$100 deposited within 30 days) | Sharesies | Mighty Ape | Backblaze | Amazon | My technology disclosure 


22700 posts

Uber Geek

Trusted
Lifetime subscriber

  #778827 12-Mar-2013 21:37
Send private message

freitasm: There's a different case though... If their trademark is limited to certain specific use and your website is not being used in the same area then you can have a chance.

For example TreeHug has a trademark at manufacturing sporting goods and your website treehug.co.nz is about environmental issues, then there's no trademark infringement really.

But if your website use the same colours, similar logo, and tries to service the same customer base then you lose.




I don't think they are talking about the website. They are talking about the domain. 

I had a similar incident a few months ago where the developer had registered the domain which was essentially the clients name for the client but under his ownership. We had to threaten legal action and in the end he gave in for no fee, but originally we had looked at a case against him, he really had no chance.

16390 posts

Uber Geek


  #778830 12-Mar-2013 21:39
Send private message

But I don't think you will find that is the case with some brand names that are made up words like pepsi or cocacola. eg I don't think you could have 'Pepsi plumbers', because that is a name they invented.



43 posts

Geek


  #778833 12-Mar-2013 21:39
Send private message

Thank you for your replys.

Technically I am cybersquatting, however I dont believe the situation is so black & white. There where mitigating circumstances regardless as to why I bought the domains in the first place at the moment a commercial entity wants them, they have hired a lawyer and gone to the DNC.

If I contest the case and make a valid claim then I believe it goes to a expert who charges the claimant $2000 to make a judgement.

I am not too worried about loosing the name my contention is the manner in which I have been approached and dismissed with a token $500.

If I contest the issue and there is good cause to hear my argument then the claimant which is a commercial entity will have to pay legal fees from their end and the fees for the expert.

Does that sound a fair summation?

I also own the .com domain name do the DNC have any control over them given that the name was registered in NZ and currently sits with a NZ provider. 

All this could have been sorted out over a cup of tea, instead they brought lawyers in and that has pissed me off.

AB


BDFL - Memuneh
67486 posts

Uber Geek

Administrator
Trusted
Geekzone
Lifetime subscriber

  #778835 12-Mar-2013 21:41
Send private message

networkn: I don't think they are talking about the website. They are talking about the domain. 


It comes down to what the domain is being used for.

networkn: I had a similar incident a few months ago where the developer had registered the domain which was essentially the clients name for the client but under his ownership. We had to threaten legal action and in the end he gave in for no fee, but originally we had looked at a case against him, he really had no chance.


This is very different. This is basically stealing really.

mattwnz: But I don't think you will find that is the case with some brand names that are made up words like pepsi or cocacola. eg I don't think you could have 'Pepsi plumbers', because that is a name they invented.


True. But we don't know what's the brand name, because the OP did not disclose. I only pointed an exception, I didn't say it apply to this specific case.





 

 

These links are referral codes

 

Geekzone broadband switch | Eletricity comparison and switch | Hatch investment (NZ$ 10 bonus if NZ$100 deposited within 30 days) | Sharesies | Mighty Ape | Backblaze | Amazon | My technology disclosure 


BDFL - Memuneh
67486 posts

Uber Geek

Administrator
Trusted
Geekzone
Lifetime subscriber

  #778840 12-Mar-2013 21:45
Send private message

AnfieldBoy: Technically I am cybersquatting, however I dont believe the situation is so black & white. Regardless as to why I bought the domains in the first place at the moment a commercial entity wants them, they have hired a lawyer and gone to the DNC.


Reality is we only read one side of the story. From experience a lot of people here will agree there might be more that we don't know about.

You wrote: "Initially they contacted me personally, they are a commercial entity so I put a commercial worth on the sites. No further negotiation was entered into, next thing I know I receive a lawyers letter offering me $500 and that I should transfer the domains immediatley, they didnt ask they demanded. Sounds like bully behaviour to me. "

So it sounds like you tried to charge a lot more than they thought it was worth. It's in their rights to ask for help in negotiating something if they don't know how.

AnfieldBoy: If I contest the case and make a valid claim then I believe it goes to a expert who charges the claimant $2000 to make a judgement.

I am not too worried about loosing the names my contention is the manner in which I have been approached and dismissed with a token $500.


Your valid claim better be something more than "I didn't like them calling the lawyers". We don't know what's your valid claim, so really no one here could help.






 

 

These links are referral codes

 

Geekzone broadband switch | Eletricity comparison and switch | Hatch investment (NZ$ 10 bonus if NZ$100 deposited within 30 days) | Sharesies | Mighty Ape | Backblaze | Amazon | My technology disclosure 


 1 | 2 | 3
Filter this topic showing only the reply marked as answer View this topic in a long page with up to 500 replies per page Create new topic





Twitter and LinkedIn »



Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Chorus completes the build and commissioning of two new core Ethernet switches
Posted 8-Jul-2020 09:48


National Institute for Health Innovation develops treatment app for gambling
Posted 6-Jul-2020 16:25


Nokia 2.3 to be available in New Zealand
Posted 6-Jul-2020 12:30


Menulog change colours as parent company merges with Dutch food delivery service
Posted 2-Jul-2020 07:53


Techweek2020 goes digital to make it easier for Kiwis to connect and learn
Posted 2-Jul-2020 07:48


Catalyst Cloud launches new Solutions Hub to support their kiwi Partners and Customers
Posted 2-Jul-2020 07:44


Microsoft to help New Zealand job seekers acquire new digital skills needed for the COVID-19 economy
Posted 2-Jul-2020 07:41


Hewlett Packard Enterprise introduces new HPE GreenLake cloud services
Posted 24-Jun-2020 08:07


New cloud data protection services from Hewlett Packard Enterprise
Posted 24-Jun-2020 07:58


Hewlett Packard Enterprise unveils HPE Ezmeral, new software portfolio and brand
Posted 24-Jun-2020 07:10


Apple reveals new developer technologies to foster the next generation of apps
Posted 23-Jun-2020 15:30


Poly introduces solutions for Microsoft Teams Rooms
Posted 23-Jun-2020 15:14


Lenovo launches new ThinkPad P Series mobile workstations
Posted 23-Jun-2020 09:17


Lenovo brings Linux certification to ThinkPad and ThinkStation Workstation portfolio
Posted 23-Jun-2020 08:56


Apple introduces new features for iPhone iOS14 and iPadOS 14
Posted 23-Jun-2020 08:28



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.