A competitor trying to confuse my customers

Mike_Eile · 08-03-2013 10:21am #1

I have a .ie domain name for my business. Say my business is www.mydomainname.ie. We've had it for the past 10 years or so. However, recently we have noticed that a competitor of ours has ownership over the .com name (www.mydomainname.com).

Recently they have replicated a site that looks very much like our own and are trying to confuse visitors that arrive on their website that they are actually my company.

The colour scheme, background, etc... is all very similar. Have I any comeback on this?

KonFusion · 08-03-2013 11:01am

Mike_Eile wrote: »

Have I any comeback on this?

Contact your solicitor.

Sonnenblumen · 08-03-2013 11:21am

OP it seems to be a clear example of 'Passing Off' which is illegal and as the other Poster has suggested, contact your solicitor.

smash · 08-03-2013 11:44am

A good example of buy your domain across multiple TLD's if it's available.

Mike_Eile · 08-03-2013 3:54pm

Thank's for the replies. I'll follow up with my solicitor. Thanks

off.the.walls · 10-03-2013 5:17pm

Read up on the udrp

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

zagro · 11-03-2013 3:52pm

Mike_Eile wrote: »

Thank's for the replies. I'll follow up with my solicitor. Thanks

.com domains are available for everybody. They are not your competitors, I think they are forcing you for buying this .com domain. Your solicitor won't help you too much.
If they have .eu domain-you could sue them to eurid, but there are not too many options for .com

miralize · 11-03-2013 4:50pm

zagro wrote: »

.com domains are available for everybody. They are not your competitors, I think they are forcing you for buying this .com domain. Your solicitor won't help you too much.
If they have .eu domain-you could sue them to eurid, but there are not too many options for .com

erm...what?

I think you need to reread the thread

off.the.walls · 11-03-2013 7:36pm

Some people do tend to buy .coms or ,ies in order to sell them back to the companies that would like to use them. The UDRP will suss it out you can apply that they are using it in bad faith and with the intent of selling it back to you.

Prodigious · 11-03-2013 7:38pm

Bit of ddossing wouldn't be uncalled for!

sheesh · 11-03-2013 7:40pm

the similar designs might work in you favour too. Have a look at their Css and html and see if any of it is directly taken from your site.

zagro · 11-03-2013 10:53pm

miralize wrote: »

erm...what?

I think you need to reread the thread

and I still think they are domainers not competitors (they wouldn't be that stupid)
http://en.wikipedia.org/wiki/Domain_name_speculation

zagro · 11-03-2013 10:58pm

off.the.walls wrote: »

Some people do tend to buy .coms or ,ies in order to sell them back to the companies that would like to use them. The UDRP will suss it out you can apply that they are using it in bad faith and with the intent of selling it back to you.

good luck
this domain name is probably registered trademark at another country (by your competitor-domainer)
better check sedo, may be for sale...

A competitor trying to confuse my customers

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