Domain Names

[jy211]

Quick question: I opened a company a few years back (19992000). I bought and registered a domain name, and had a website built.

A guy this week contacted me saying he copyrighted or trademarked the name, he opened his company in 2006. Only difference between the two company names is an dash and LLC. He says his company opened years ago.

He said his customers often end up at my site instead of his. My guess is he wants the rights to my domain name.

Any way he can try and sue me for that domain name? Or should I just hold out and wait and see if he gives a decent $$$ offer?

[Restomod]

Well I am no expert but find out (if you can) who had the name first......and if he makes you a reasonable offer take it!

[6'9"Witha69]

Reference "imminent domain".
http://www.digest.com/Big_Story.php

Long story short, it is about Nissan Motor corps lawsuit against a man using nissan.com for his computer company but they claim imminent domain as well as a few other things.

[Jim Nilsen]

a company I once worked for had the same problem and it depends on the state you live in and the laws there. But the place I worked if I remember right could not be sued for the rights to the name because it was a name that anyone could have used because it was a word directly related to his type of business and the materials he worked with. It was a common word.You had the domain name first and the only thing the other company can do is make you an offer for it and that is it.

Make sure you research how much business it could generate for him and you can tell that by how many indirect hits you can figure out have come to the site you have. You are the one holding the ball and the exact info on how much it attracts people. he really might not have a clue as to if it gets thousands of hits for you or just hundreds of hits.

There was just a special on tv about the "Ray's Pizza" name in New York City and how they were able to stop all of the others from being Ray's except one guy who was able to get by with calling his"Original Ray's" after the judgement. None of these places even had a guy named Ray working for them, one of the places it was just the guy's nickname.

I would make sure you also think about how much it will affect your business if you sell it. You might be able to come out really good or you may regret selling it later and not of had to.

It is nice to know that one of the choices you made in your life is something that was a valuable one

I would make sure you get a really good lawyers advice about this.
You also might be able to just let your taxpayer dollars help you and just call your states attorney's office and ask them what the law is on this and that info is free for the asking. So make that call there first before you spend money on advice you have already paid for as a taxpayer. Your state representatives office can help you to if the states attorney's office ignores you.

Good luck and I hope you come out well with this.

[jy211]

Thanks

[dropit69]

i wouldnt think he could sue or get that domain from you unless he offered to buy it..i heard of people buying up companys names years ago and making money knowing that company would want it..

[Jim Nilsen]

In the Nissan case or any other it would be a great service to Amercans if the polititons would make so that no corporation can sue someone for anything that you can't sue them for in their country. Fair trade laws are supposed to be fair !!!

[jy211]

Sorry to drag this post back up, but the company who wants to buy the domain name is back at it with me. Anyone else have anything to add to this post?

[jackfrost]

as was suggested, find out what the law is in your state. it probably depends mostly on who was there first. sounds like you were.

it probably also depends on how much one party is willing to spend on litigation. if they are a big company, it might be easier to just sell it to them.

it doesn't exactly apply to your situation, but this thread made me think of this case:
http://en.wikipedia.org/wiki/Mike_Rowe_(student)

[jy211]

Thanks! I saw this: http://en.wikipedia.org/wiki/Reverse_domain_hijacking

and it sounds like this is what he's trying to do...I'd just like to cover some of the damn expenses I've spent on the domain stuff...oh well.