intellectual properties

weeder

ok just say 2 people are working together and A owns the company

B decides to buy a domain to point to the irc network of the company
A and B have a falling out
B pulls the domain because A was a prat in general
nothing happens for a month or 2
A decides to report B to icann under Uniform Domain-Name
Dispute-Resolution Policy http://www.icann.org/udrp/udrp.htm

B finds out from a friend he is doing this from his friend
B then asks a A confirms he will do it later today claiming he owns copyright to the name
The domain is basically the initials of the company-irc.net

B has no use for the domain so he pointed it to a friends network but he doesnt want to see the domain to goto person A for his pratness in general


Does B have any sort of a case if i actually reports him and what can he do to not lose his domain?

weeder

ALSO forgot to point out A claims to own all copyrights and owns the same domain in .com
the .net belonging to B was registered first

padser

Firstly no one owns copyright in the name, there is no copyright in a name.

Basically someone has registered a domain name exclusively for the purpose of preventing someone else using.

This is precisely the reason that domain dispute policies exist, they prevent people being prats and registering names for no good reason, other then to prevent others having them [often they have an end goal of extracting money from the rightful owner but thats not necessary for it to be use in bad faith]

I think B should grow up to be honest.

Having spent some time researching these policies, and having sucessfuly filed a dispute with WIPO for an IE domain name [and the policies look identical] I would be of the opinion that B has little or no chance of keeping this name, and I would advice A to send a 'cease and desist' letter to be prior to filing the complaint, and comence proceedings for costs through the normal court system if he gets a sucessful resolution through ICANN. The costs for the the IE domain were €1,500 plus preparation costs and legal fees. While the system itself cant award costs, there is no reason why a court couldnt.

weeder

B bought the domain in gooodwill and would have left the domain pointing at them after he left only A started insulting him so B pulled his domain

padser

weeder wrote:

B bought the domain in gooodwill and would have left the domain pointing at them after he left only A started insulting him so B pulled his domain

B is no longer using the domain in goodwill.

Funnily enough I dont think A insulting B is going to change the situation drastically

weeder

thats the reason he pulled it he now has it parked and may use it for a website in future but thats about it