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  • domain name complaints / copyright infringement

    So..

    I purchased a domain name a while back. I ran around 30 websites at one point to develop my skills so I parked it to to a clothes site that was an experiment. The domain was intended to be a construction one but I hadn't had a chance.

    I was contacted by a global fragrance company saying that its their trademark. I apologised, explained it was for a construction project that was being developed and routed it to my construction jobsite.

    A year later I'm contacted again with a formal complaint saying that I'm keeping the website domain in bad faith because the website isn't live.

    Background is in house building and the domain is related to a service I provide. I never finished developing the website because a) newborn baby b) grandmother was ill, just died and buried. c) dad is terminally ill and has 5 months to live. d) a day job So let's just say it wasnt a priority.

    Part of me says I should turn it over for an easy life, the other part is spewing at a global corporation trying to throw their weight around and shit on people. The domain isn't in use in the industry of the complainant and features generic terms / words so I'm advised isn't subject to copyright

    Just wondering if anyone has had similar before? Wondering on the severity / how long until it could potentially become severe / if its just a scare tactic.

  • #2
    So you have the site, they want the site, and you don't want to give it to them?
    Sell it to them. You are not breaking laws so it will then be their choice if they want to pay you for it.
    Life is NOT a journey to the grave with the intention of arriving safely in a pretty and well-preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming: "Wahoo!! What a ride!"

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    • #3
      I had a similar thing happen with an gmail address I have, got a few formal emails from New York solicitors. Ignored all of them. Nothing happened.

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      • #4
        What sort of name is "Old Spice" for a construction company??

        And what Wahoo said. They're trying to scare you in to leaving the domain rather than pay you for it. It's yours, you own it, they can purchase it from you.
        Click Link for My Bikes:

        Aprilia RS250
        1985 GSXR750 "Slabbie"

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        • #5
          Ignore the emails. Don't even acknowledge them.
          One owner. Only driven gently on Sundays. Sold to best offer. First to see will buy. Reward offered for safe return. Coming soon to a cinema near you. Available for a limited time only.

          My waterbed broke this morning. Oh, I don't have a waterbed. Bugger.

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          • #6
            Devils advocate, but it's frustrating as fuck trying to get a domain name these days. I've tried every combo of my name - first_last.com, last_first.com, last.com, last_family.com etc. They're all taken by cunts who just bulk buy the entire fucking alphabet and sit on it, hoping to sell a few of them for $100 or whatever. My guess is this company thinks you might be the same and they're just trying their luck to see if you'd sell. Not everyone's trying to shit on you, and they might, like me, think you're trying to shit on them. But really, you own it fair and square so whatever you do is your right.

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            • #7
              Originally posted by INTJ View Post
              Devils advocate, but it's frustrating as fuck trying to get a domain name these days. I've tried every combo of my name - first_last.com, last_first.com, last.com, last_family.com etc. They're all taken by cunts who just bulk buy the entire fucking alphabet and sit on it, hoping to sell a few of them for $100 or whatever. My guess is this company thinks you might be the same and they're just trying their luck to see if you'd sell. Not everyone's trying to shit on you, and they might, like me, think you're trying to shit on them. But really, you own it fair and square so whatever you do is your right.
              Couldn't agree more, it's irritating, I've lost a domain to a business that I didnt renew in time only for someone to try and sell it to me for $4000.

              They are absolutely trying to shit on me, if it was wise to post the letters I would and you would be able to see why. They went straight to legal letters, and making a load of false, inflammatory statements to go daddy to pressure them - so am a little worried that they will side with the big man.


              Not trying to shit on anyone, trying to grow a business that I pour over 70 hours a week into.

              Thing is it's not like it's just a brand, it is an actual 'phrase' in my field which describes my business.


              Originally posted by BillyBoof View Post
              I had a similar thing happen with an gmail address I have, got a few formal emails from New York solicitors. Ignored all of them. Nothing happened.
              Interesting, I wonder if that's the same being google probably 'owns' all of their email addresses?

              Originally posted by Loud View Post
              What sort of name is "Old Spice" for a construction company??

              And what Wahoo said. They're trying to scare you in to leaving the domain rather than pay you for it. It's yours, you own it, they can purchase it from you.
              haha a damned good one I reckon!

              Originally posted by Wahoo View Post
              So you have the site, they want the site, and you don't want to give it to them?
              Sell it to them. You are not breaking laws so it will then be their choice if they want to pay you for it.
              That's the gist of it, don't get me wrong if they made a decent offer, I'd rename the business and sell the domain as much as I like the name. I seem to remember there being some strange rules with australian domains though?

              It makes me laugh - I want a website at the moment which is similar in nature (a real life word again) but the owner wants $4k for it so I'm wondering if to save and purchase.

              The king pin of this company is worth around $60bn yet has already spent more in paying their lawyers to get the website for nothing, than having someone make a phone call.

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              • #8
                Could check https://www.reddit.com/r/AusLegal/ to see if there's actually any merit to their threats

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                • #9
                  Originally posted by Loud View Post
                  What sort of name is "Old Spice" for a construction company??

                  And what Wahoo said. They're trying to scare you in to leaving the domain rather than pay you for it. It's yours, you own it, they can purchase it from you.
                  Originally posted by INTJ View Post
                  Devils advocate, but it's frustrating as fuck trying to get a domain name these days. I've tried every combo of my name - first_last.com, last_first.com, last.com, last_family.com etc. They're all taken by cunts who just bulk buy the entire fucking alphabet and sit on it, hoping to sell a few of them for $100 or whatever. My guess is this company thinks you might be the same and they're just trying their luck to see if you'd sell. Not everyone's trying to shit on you, and they might, like me, think you're trying to shit on them. But really, you own it fair and square so whatever you do is your right.
                  Originally posted by BillyBoof View Post
                  I had a similar thing happen with an gmail address I have, got a few formal emails from New York solicitors. Ignored all of them. Nothing happened.
                  Originally posted by Wahoo View Post
                  So you have the site, they want the site, and you don't want to give it to them?
                  Sell it to them. You are not breaking laws so it will then be their choice if they want to pay you for it.
                  Originally posted by Beanvee View Post
                  Could check https://www.reddit.com/r/AusLegal/ to see if there's actually any merit to their threats
                  Thanks for that, will check it out

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                  • #10
                    Have you registered your business name as the same as the domain name? It sounds like you have.
                    This is worth keeping in mind:
                    "A domain name doesn’t provide you with protection of that name, it simply secures the url. You should always register your business name first and consider protecting it with a trade mark. If someone else has already trade marked your proposed business name or domain name, you could face legal action."
                    https://www.business.gov.au/info/run...a-website-name
                    I doubt if you need to register your business name and trade mark in every country, only in Australia. What sort of accusations and threats are they making?
                    If you prefer the other url, why not try to negotiate with this perfume company that you will change providing they pay for all costs involved to change to your preferred alternative url name and business name registration? Negotiation should work well for both parties.
                    Life is NOT a journey to the grave with the intention of arriving safely in a pretty and well-preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming: "Wahoo!! What a ride!"

                    Comment


                    • #11
                      Before you get too worried, check this firm has registered their trade mark in Australia https://www.ipaustralia.gov.au/trade-marks
                      And check this firm has registered their business name in Australia https://asic.gov.au/for-business/reg...-availability/
                      If the answer is yes to both, it is best to try to negotiate a price for them buying your url rather than refusing.
                      Life is NOT a journey to the grave with the intention of arriving safely in a pretty and well-preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming: "Wahoo!! What a ride!"

                      Comment


                      • #12
                        I thought you had to have a related business to get a domain name these days? To stop people parking domains and holding legitimate companies for ransom.

                        My wife and I recently quit a business and we've been sitting on the domain name and online store in case someone wants to take it on for a small selling price. No serious bites at all, I guess online stores and domain names are a dime a dozen.

                        Which reminds me of a story. A colleague of mine (read boss) wanted to have a website for his wife's small business. I said give me some words and pictures and I will set something up. I put a pretty lame bunch of pages together and registered the domain name through his iinet account. The ran the business for about 5 years and then quit. They never de-registered the domain name probably because they have shitloads of money (building companies, crayboats, supermarkets). Anyway about a year ago he contacted me and said that someone contacted him about buying the domain name, he asked what was a domain name and were they Nigerian scammers. I explained what a domain name was and why he still had one, how to organise the transfer and said to see if he could get a couple of grand out of them. A week later he rang back laughing and said he had sold it for five grand.

                        Is it just me who would have said "I'll split it with you"? Maybe that's why I'm not rich and he is.
                        -

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                        • #13
                          there used to be money in parking domain names and waiting for the companies to come calling

                          dunno if that's still the case, I've been uninterested in IT for about 10 years

                          ^ Beaten to it

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                          • #14
                            Originally posted by agrid View Post
                            I thought you had to have a related business to get a domain name these days? To stop people parking domains and holding legitimate companies for ransom.
                            I believe that's the case here in Oz so you can't park domain names related to others and make a fortune So I can't register say GaryAblett.com.au or TimCahill.com.au or similar (assuming they were available) and then charge them a fortune to use them/buy them
                            #1 Gold Ticket Holder for the Barfridge Fan Club
                            Originally posted by Phildo
                            Noted. We'll check back on that one in three years
                            Originally posted by filbert
                            i'll pretend you didn't know she was 13

                            98 BADASS TITANIUM BLACKBIRD - Past bikes 1982 XS250 Yamaha & 1983 CB750F with 900 motor
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