snubbr.com

GoDaddy customer service : Great idea to try GoDaddy?? Do I have the right to my company's .org/.net domains?

Get GoDaddy web hosting for just $1.99. Click here to use coupon...

Special $7.49 .COM sales. Click here for this special deal...
Hello,.

If I have a registered LLC, and work under a .com domain, do I have the right to the .net/.org domain names?.

For example: Let's say the name is MaxS, LLC and I registered MaxS.com years ago. After I registered MaxS.com, someone registered the .net/.org.

Legally speaking, what can I do?.

[This is more-or-less a hypothetical situation.]..

Comments (5)

Many people believe they have a right to something. It's just a matter of how.

They're going to demonstrate that right.

Legally speaking, you can sue for trademark infringement or file a dispute via.

The Uniform Dispute Resolution Policy (UDRP). Whether you shall win or not will.

Be for the mediating party to decide.

If you're opting to dispute the registrant's holding of the domain name, then.

Seek legal advice...

Comment #1

Usage is very important. Does the .net/.org use the maxs domain in the same fashion as you? Were you first? Do they in any way infringe on a trademark of yours? Do they display ads within your category?.

Maxs.com appears to be a beer place..

Maxs.net is parked and displaying generic ads..

Maxs.org is parked and displaying ads of a sexual nature.

The .net you might win an a UDRP. The org I am doubtful but in both cases this assume that if you begin a UDRP they bother to respond. You can also attempt a C&D to the .net as some of their ads displayed infringe on your usage.

Also the .us you should send a C&D to asap..they have the domain being used in a manner I would consider infringement.

Goodluck...

Comment #2

To directly answer your question:.

Yes- You have the right to the names.

And.

No - You do not have exclusive rights to the name.

Domain names are for hte first person that registeres them. To obtain the names, you have to fight for it and then you need to make a panel agree with your arguements. Usage does play an important part in disputes. Just becuase you have a TM does not mean you will win 100%. So basically, can you satisfy the 3 elements of a UDRP?..

Comment #3

This interested me a bit.

The thread starter stated that he has an LLC, but that does not have anything to do with a Copyright or a Trademark, or does the LLC work in the same fashion? I wouldn't think so......

Comment #4

I've read several UDRP decisions based on "common law" trademark (? not sure that's the correct term) - where there's an established business with that name and the domain owner is apparently trying to make money off that specific business or tarnish their name ...

I'm not a lawyer, but I'd guess that like other UDRP's, the outcome probably depends on how clear-cut the infringement is. Having a very unique name would probably strengthen the business owner's case...

Comment #5


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

 

Categories: Home | Diet & Weight Management | Vitamins & Supplements | Herbs & Cleansing |

Sexual Health | Medifast Support | Nutrisystem Support | Medifast Questions |

Web Hosting | Web Hosts | Website Hosting | Hosting |

Web Hosting | GoDaddy | Digital Cameras | Best WebHosts |

Web Hosting FAQ | Web Hosts FAQ | Hosting FAQ | Hosting Group |

Hosting Questions | Camera Tips | Best Cameras To Buy | Best Cameras This Year |

Camera Q-A | Digital Cameras Q-A | Camera Forum | Nov 2010 - Cameras |

Oct 2010 - Cameras | Oct 2010 - DSLRs | Oct 2010 - Camera Tips | Sep 2010 - Cameras |

Sep 2010 - DSLRS | Sep 2010 - Camera Tips | Aug 2010 - Cameras | Aug 2010 - DSLR Tips |

Aug 2010 - Camera Tips | July 2010 - Cameras | July 2010 - Nikon Cameras | July 2010 - Canon Cameras |

July 2010 - Pentax Cameras | Medifast Recipes | Medifast Recipes Tips | Medifast Recipes Strategies |

Medifast Recipes Experiences | Medifast Recipes Group | Medifast Recipes Forum | Medifast Support Strategies |

Medifast Support Experiences |

 

(C) Copyright 2010 All rights reserved.