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Hello,.

I have recentally bought DNcoupons.net thinking I shall make it into a good coupon site ect. But MellowMasher said I should contact the /img/avatar4.jpg of DNcoupons.com first.

I did and the email log read as:.

Original Message.

From: "shane hudson" <> go away, you are mistaken.

- DNCoupons.

What should I do? He has no trademark or anything but is still trying to threaten me with legal issues!.

Thank you..

Comments (39)

1) Why would you develop a site on a .net when the .com is already developed with a similar site? It seems rather illogical.

2) Why do you ask the owner of the .com for permission, and when he refuses, you complain about it?..

Comment #1

Dump that domain and grab an appropriate .com, such as DNClipper.com or DNMiser.com (both still available) ... and/or try to buy one of the other related domains many of which are parked.

Ron..

Comment #2

He does have a trademark, he obtained that trademark through usage.

You surely knew about the .com site when you registered the .net site otherwise you would have registered the .com correct?..

Comment #3

I agree with asianinvasion's #1 comment. You will lose traffic to the dot com...

Comment #4

I would advise you to wait...I think he wouldnt do anything...do not turn over the domain to him..Let him go to his lawyers...that would cost him worth the pain he intends to give u..sit on it and wait and watch and do not email him back....

U can park it meanwhile....who knows it might already have some traffic...

Comment #5

And if the party in question does something, then obviously that thinking is....

Incorrect.

If you insist, Lonely Designs, then be prepared for the consequences...

Comment #6

He has a copyright through usage, however the "trademark" is a harder argument entirely because he doesn't have an actual trademark on file with the government...

Comment #7

Registration is not a requirement either. Didn't you read or maybe believe this? If you don't believe it: http://www.uspto.gov/web/offices/tac...c/register.htm Of course, that's USPTO since you're from Ohio. Other jurisdictions might have.

Other definitions and what not...

Comment #8

Thank you all, here you all seem to have a different approach than in the chat room.

MellowMasher was the one that told me to contact him. I truly did not think to go check out the .com. I think I able still able to refund, should i? I really do not want legal problems...

Comment #9

Your a nice guy and I just didnt want to see you get into trouble in the long run.

Take care..

Comment #10

The .com is owned by NamePros member webfreak, who not only promotes it outside NamePros, but it is both on his username in all his posts (1,576 to date) and in the link of his forum signature - which I assume it has for some 22 months since he registered it. Along with this, do to his promoting it, it gets a fair amount of traffic and is the top domain in many search engines for it's known use of the terms "dncoupons", and "domian coupons". While I myself own several .net's of well-known .com's (most of us here do), I think in this case you're in a loosing situation. As asianinvasion pointed-out, using the .net for the exact same purpose as the .com is almost a loosing point to begin with; not to discount, it shows "bad faith" and intent. And, as others have said, not having a registered trademark does not mean he is not legally protected. Under ICANN's rules, his domain and right to the term "dncoupon" would be assumed because he has built-up a business/site known by that term, and you're basically copying it with the .net would definately be considered "bad faith" use of the term because you are using what he already had to compete with him. My advice, like others here, find another domain..

Comment #11

I am going to find a different domain, but what can I do with this one? He wants it, and I dont want to loss my money, but he wont buy it from me for reg fee...

Comment #12

<humor> Send him an email telling him "Look, this is the last time I will offer you this domain name, just pay me X.XX for the registration fees and it's yours. Else, I'll just go for my secondary idea and make up my "Dookie (o)N Coupons" site... with lots of pictures, and a rating system kinda like h-ot-or-n-ot... </humor>.

If he really wants it, he'll pay registration fees for it, otherwise he'll go to a lawyer and pay $$$ or he'll fill out the forms himself.. and do all the grunt work himself, and still pay $$$ in "Time Compensation".

Let him know that You are Offering him the domain name "In good faith" one final time at the exact price you paid for it. If he still says no, just respond "Ok, I've already offered it to you at exactly what I paid for it, Have fun waiting a year for it to expire" and point the Domain name to "http://www.prostatecancerfoundation.org/" Or another charitable Organization that has *nothing* to do with domain names..

And finally Ignore any Further messages he sends, Unless they're subpoenas or what not. Because he's trying to get something for nothing (Or close to it) with the threats of legal pressure and strong arm tactics.

That being said..

Theoretically, if I have say.. WWW.google.com, and someone picks up www.googlesearch.com, and I get them to give up the domain via legal action.. then I let it lapse go through redemption etc.. and someone else registers it Can I then turn around and get legal action against the person who picked it up (again) (or fill out the forms again) to get a continuously.

Free Reg-fee out of the "Squatters"?..

Comment #13

Read below... Actually, not a bad idea. I could argue against it; such as him spreading the word (not saying he would or would not do this, personally, just anyone in his shoes), and all the sudden folks start figuring "Hey, that guy's easy. I can pressure him by legal action, and take his names for nearly nothing.". However, in this case, I think it's not a bad idea, to atleast recoup your money. If he goes for it, great.

Your original correspondence to him shows your initial intent, so he would still have a case, if he wantd to, and you went this route.

The rest of what serin said, I agree with. If he doesn't want to pay reg-fee, park it or point it somehwere unrelated to domains; and, maybe, just maybe, he'll have to fight someone else to catch it on the drop when it expires. If not, then it's his...after waiting the year. If you park it somewhere unrelated, he could still fight you for it. But, like serin went on to say, that would be a dumb move on his part - financially speaking, anyway, considering he could have it now for just reg-fee...

Comment #14

First, you squatted adn he does not have to give a damn penny if he does not want to.

Second, DO NOT listen to Serin (Serin, do some research here in legals and you will know why I said that).

Third - You made your intent known, you admit to knowing the TM, you admit to offer a competing service, you even state you are a domianer (as oppposed to a web developer) and YOU PUT IT IN WRITING. Though you thought you were doing the right thing, all you did was load him up with ammunition.

Forth, learn the consenquences of squatting.

Fifth and final, chalk this up to a learning experience, sometimes it is better to swallow the reg fee and move on. Now you know what not to do...

Comment #15

Without any discounting serin's input ( ) DNQuest's comments got me even rethinking how I saw the situation While brash, it does get the points across; and, good points they are. Thanks, DNQuest..

Comment #16

As the others already said it is pointless to create a service under .net which is identical to the .com version. There are already many coupon services out there so my general suggestion would be to create another service. If you want to offer coupons nonetheless I'd definitely suggest another domain.

As to a compensation, you registered the domain yesterday at Namecheap for $9,29 (or possibly less with a coupon) and AFAIK Namecheap does not offer you a refund (you could ask nevertheless however).

My suggestion would be to contact "webfreak" and offer him/her the domain for what you paid. If he/she doesnt agree you could still keep it for a year and try to get the regfee back from parking or otherwise sell it. While you can certainly always get sued for anything I'd rather consider the chances small this might get you legal issues...

Comment #17

I had never heard the term "squatting" used in domaining before this.

It is a very needed experience. The thing he, I dont see how he can do anything as he DOES NOT OWN A TM...

Comment #18

TMs do NOT have to be registered to be enforceable / to cause trouble.

The TM database is NOT a glorified Whois - in most countries one does NOT have to register their TM ... and often many don't for whatever reasons.

Dump the domain, get something else (guess my two name suggestions above were no good?), and move on.

Ron..

Comment #19

Hence the method to my madness... It is more shock value than mean-spirited. Lonely, may I kindly suggest you read my sig?.....

Comment #20

You dont want to lose the registration fee ? You should have done some research before registering If I'm reading this right .... I can't think of any reason for someone to Reg the .net version without checking the .com first.

If he doesn't want to pay you for it - Thats your loss IMO , Redirect it to his site and let it drop at expiration time if it's too late to cancel it now. People shouldn't have to register every domain extension under the sun to protect their Brand...

Comment #21

Have you actuially read this thread and also looked at the links provided. I will only say this 1 more time. TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE. All he has to do is prove that he was using the trademark before you registered the domain. As you only registered the domain 2 days ago that is not exactly difficult.

If you are unwilling to take and follow advice please don't ask for it...

Comment #22

What a time waster this thread has been. I don't know how many times people have to say it. Hopefully this should do it.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE...

Comment #23

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

But I have a question, I know it does not have to be registered to have a TM ( I read that somewhere) , but what form do I need to fill out if I don't want to register it?? bwah ha ha (people notice the evil laughter and the sarcstic nature behind the statement,. guess what TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.)...

Comment #24

Ok, so even if it's not in the trademark database thing, it can still have a trademark?..

Comment #25

I am hoping this is a joke... please, for he love of God (or whomever your higher power may be) , let this be a joke... :explodinghead:..

Comment #26

USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE..

Comment #27

Read RJ's post, It says it all.

I always find it hard to believe, that people actually want to copy some thing, Some one else has developed, Much less copy their domain name, HUGE slap in the face.

If your objective is to have a domain name coupon service, why can't you lay out your own project?.

People who use sound ethics in this business, will be around much longer...

Comment #28

Registration of a trademark, while highly recommended, is optional...

Comment #29

The concept is about as hard to grasp as The Hokey Pokey.....

Comment #30

Lol you got me lol.

I have pushed this name to Webfreak, I really didnt want legal problems...

Comment #31

Not too happy, I still lost my much needed money lol but at least I'm not in court!..

Comment #32

Well, I gave you a serious advice but you have apparently chosen to ignore it...

Comment #33

Mourning makes you laugh? Oh dear... :explodinghead:.

Maybe you meant Morning...

Comment #34

Very interesting. I always went off of my state's mark requirements as a baseline. Unfortunately, Ohio has a lot of interesting rules (and exceptions to rules) Ohio Revised Code 1329.66 (Rights and Remedies) effective 10-20-1978..

Comment #35

I wonder how it is possible to destroy a domain name.. (Yes, I know that it says the court may order that.. but it still leaves the possibility of the order out there.).

'cause if you Cancel a domain name, it goes back into the system thus was never destroyed, if you Put a different web advert up there.. it still exists thus was never destroyed.. The only way I could see them destroying a domain name.. was to De-commission ICANN and all the DNS's in existance, But it also requires taking out every computer that ever viewed the site.. thus destroying all domain names, and the internet in one fell swoop....

Comment #36

That's a right thing to do. Now, go get yourself another domain.

Don't worry. The money you spent will soon pay off for honest business...

Comment #37

But you gained a valuable lesson.

You can reg another .com name for 425 of your NP$...

Comment #38

You're dotting your T's and crossing your eyes - it's been beaten to death already, but I wanted to repeat the point (Registration is great, but not always necessary - and Copyright doesn't seem to be at issue here.) as context for your next point... Not sure what that has to do with "anything", really. The Lanham Act (Most codified TM laws) is a Federal entity, and the quote above has very little (if anything) to do with the topic at hand...

Comment #39


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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