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Legality of cybersquatting?

  • 03-07-2006 9:05pm
    #1
    xha1r
    Closed Accounts Posts: 311 ✭✭


    I'm setting up a business and am currently trying to find a name where all domains are available. I've got a name I'm very keen on, but the .com is taken, and just brings me to the usual page with related pages/sponsored links etc.

    Is there anything I can do? Or is the only way to get it by paying the person who owns it an incredibally inflated price? Likely to be more than 20000%+ more than it is to from a proper seller, it's something which I'd find hard to do as a matter of principle.

    What's my standpoint legally?

    Regards,
    Jonathan.


Comments

  • #2
    KdjaCL
    Closed Accounts Posts: 20,346 ✭✭✭✭KdjaCL


    .ie or .somfin else?

    http://www.domainregistry.ie/

    Google .ie domain top 3 are cheap enough to get them assuming you want .ie


    kdjac


  • #3
    DOLEMAN
    Closed Accounts Posts: 850 ✭✭✭DOLEMAN


    First come, first served...


  • #4
    smarty
    Closed Accounts Posts: 258 ✭✭smarty


    DOLEMAN wrote:
    First come, first served...

    Unless it was registered in bad faith, and or there is a trademark infringement.


  • #5
    xha1r
    Closed Accounts Posts: 311 ✭✭xha1r


    It's a .com, but just brings me to a page I've seen countless times before while searching for other possible names. I would call that bad faith.


  • #6
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Damn datastore errors wiped my post but this was the general gist of it:

    There is an arbitration procedure for .com domains but from what I remember it's quite weak and tends to only work for large companies. Quite a few large American companies tend to take law suits to reclaim domains in obvious cases of cybersquatting where someone has registered a variant of a well known trademark for a domain. Outside those circumstances I don't think it happens that often.

    I don't see any chance of you being able to reclaim this domain. Even if the .com arbitration were stronger they might well rule against you based on you attempting to take a domain whose ownership predates your company.

    Certain TLD's such as .ie and .co.uk are strongly protected but not .com.

    The real experience with these situations might be found on the Webmaster / Flash board.


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  • #7
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    I thought with a .ie domain you had to prove your right to the domain before they would give it to you? Is this not still the case?


  • #8
    smarty
    Closed Accounts Posts: 258 ✭✭smarty


    Bond-007 wrote:
    I thought with a .ie domain you had to prove your right to the domain before they would give it to you? Is this not still the case?
    You do still need a claim, but to have a claim, all you need is a Registered Business Name. That costs €20.


  • #9
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    Hey hey hey, what's with the sudden outburst of legal advice? Anymore of this and there'll be bans.

    Please don't start this again folks! Locked.


This discussion has been closed.
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