Got an email from a domain owner...

[Brian]

I have a few domains that I allow 3rd level registrations under.

I got an email today from someone who owns a domain that has a similar name. They are in a different country and on the other side of the continent... so there is no chance of geographical overlap.

They are claiming that I am going to cause them to lose $$ due to confusion. I went to their website, and it is a placeholder "under construction" type site... and it their name has been registered since 2000... so not a lot of activity is would seem...

Email was as follows:

I am the owner of the [edited].com domain and my free-lance technology related business, [edited]. I have owned this domain since July 2001 and have done business as [edited] since that time. I feel that your company is potentially causing confusion in the marketplace by offering the very similar domain [edited].com to your customers for use in their websites and domains, and certainly will lead to the dilution of value of my investment in the domain [edited].com


I don't think I am causing that guy to lose anything... I think he just wants to stir the pot. Can anyone comment?

[Vixen]

Worse case scenario:

*If* he trademarks the name (or is in the process of trademarking the name) and proves that it is confusing to potential customers, he can potentially sue you and legally make you stop using the name, especially if he registered & used his domain before you registered and used yours. However, until the domain is trademarked he can not sue you or issue a cease & decist.

Without knowing what the domains are, I can't really say if they are relatively close or potentially confusing.

[DigitalSkyline]

I wouldn't worry about it... but if you are, you could file for a copyright and tell the guy you have no intention of changing your domain name. Or maybe you'd be willing to sell it to him for untold millions of dollars (everything has its price) lol.

[Vixen]

Originally Posted by DigitalSkyline

I wouldn't worry about it... but if you are, you could file for a copyright and tell the guy you have no intention of changing your domain name. Or maybe you'd be willing to sell it to him for untold millions of dollars (everything has its price) lol.

Copyrights do not protect domain names only site designs, etc. Domain names must be trademarked.

[DigitalSkyline]

Yeah what Vixen said... thats really what I meant, you don't really have to "file" for a copyright as all digital works are considered copyrighted and owned by their creator unless trasfered in writing or created while under the employment of someone else.

[Vixen]

You must file for the copyright if you want legal rights to protect your works. The little *c* people place on their sites is simply a way to deter people from stealing your works; it in no way protects you legally unless you have a filed copyright, which has to be updated each time you do a site redesign.

[keidsjedo]

Both copyrights and trademarks are nice to have. The trademark in this case may actually be more important. If this is really a concern, I would talk with your lawyer.

[DigitalSkyline]

The DMCA clearly states you DO NOT have to file for a copyright, all digital works are automatically copyrighted unless stated otherwise (in writing) by the owner/creator. I've read it front to back, no where is it required that you file with the copyright office to claim legal ownership... of course if you plan to be in court, its nice to have as evidence but it isnt a requirement.

Unless you waive your rights in writing you own every single photo you take, every writen paragraph, every graphic design you create and every peice of code you write.

[Brian]

Well, the issue has nothing to do with content from a site, digital or otherwise... this only has to do with use of a word in a URL. It is not my business name; he claims he operates as that name, and has for some time.

The words are different by a single letter. He has no operational web site at the moment (so I assume he never did...). He operates on the other side of the continent and in a different country. I don't see how I could possibly be taking business away from him.

Personally, I think he hopes I will abandon the domain name so he can grab it... mine is a little nicer anyway.

[mresell]

Originally Posted by Brian

The words are different by a single letter. He has no operational web site at the moment (so I assume he never did...). He operates on the other side of the continent and in a different country. I don't see how I could possibly be taking business away from him.

Personally, I think he hopes I will abandon the domain name so he can grab it... mine is a little nicer anyway.

I think under these circumstances nothing will ever come of it. A single letter is a single letter. So proving trademark would be difficult. Also lose of revenue etc.. would be near impossible.

[DigitalSkyline]

Well there you go, you've probably got nothing to worry about. If he does sue you I'd assume they have no jurisdiction over you, and therefore cannot enforce anything that comes out of it unless you enter their country. Maybe there is a way they can force the registrar in to handing over the domain but thats unlikely.

[Vixen]

Originally Posted by DigitalSkyline

The DMCA clearly states you DO NOT have to file for a copyright, all digital works are automatically copyrighted unless stated otherwise (in writing) by the owner/creator. I've read it front to back, no where is it required that you file with the copyright office to claim legal ownership... of course if you plan to be in court, its nice to have as evidence but it isnt a requirement.

Unless you waive your rights in writing you own every single photo you take, every writen paragraph, every graphic design you create and every peice of code you write.

I spent 2 hours with a Trademark and Copyright attorney yesterday and was specifically told that if you wish to enforce your legal rights in regards to a copyright you MUST have a filed copyright. Otherwise, you can not sue for damages and/or issue a cease & decist.

[DigitalSkyline]

Vixen that was the case prior to the DMCA, and probably holds true for the most part if you need proof of ownership for court which that would provide however the new copyright law states that the rights are implicitly granted therefore you do not need to file or even explicitly declare ownership of your creations. You do not have to put copyright notices or all rights reserved or the (c) mark as your rights are implicitly granted unless waived in writing.

For litigations you need proof of ownership and a copyright gives you just that, but you can file for copyrights at any time, you don't need it prior to distribution/publication. Another way to prove ownership is to mail a master copy via certified mail to yourself and to not open it. Anything you can do to prove your property originated from you is sufficient evidence for enforcement... in actuality the copyright law is weighed completely diferent then say criminal where burden of proof is on the plantiff, in copyright law it is the opposite... the defendant must prove that they own license to use the property, unless you've given it to them in writing there is no way for them to do this.

[Vixen]

I am simply telling you what our Trademark attorney told us as of yesterday and that is you must have a filed copyright if you ever want to be able to enforce your legal rights if someone uses your design (for example) without your permission. Without it, you can not seek damages or issue a LEGAL cease and decist. Of course, you can send someone an email and threaten legal action however going to court and winning is a completely different issue and is less likely to happen if you have no legal documentation showing you own the design (for example) in question.

[admin]

DigitalSkyline, vixen is right I have been told this same thing 2 or more times now. With out the copyright you are on one leg in a court room still even with DCMA.. Trust me I am in a court case now about this with another company.