Re: FN-FORUM: domain name legalities

date posted 1st December 2003 20:08

Good one which a lot of people seem unsure of..

I've got 2 domain names registered in my name and fully licensed and legally
mine, if however, my subscription to maintain the URL fails the DNS server
authority (people who register and maintain the url databases) will suspend
the URL and after 90 days will release that domain name for someone else to
use.

eg. if I wanted www.this-url-sux.com and reserved it in my name, until I've
paid for it, it does not belong to me. If after i think its 20 or 30 days
prior to payment is received the url gets released for someone else to
purchase it. However the time is extended once its been purchased.

so if someone else buys www.thisurlsux.com it is not the same url and is
able to be legally bought.
But if I was in that possition, the owner of this-url-sux.com kicks up a
fuss saying its his.. I would ask to see the certificate of ownership for
that url.

Also, if you wanted to buy this-url-sux and entered it into ANY url/domain
purchasing/leasing site, it will say that someone already owns that domain
name.
So therefor you can not take over this-url-sux as it already belongs to
someone else.. if you try to continue the registration of this URL, more
than likely, it will ask you for a release code to be entered or to email
the details of the new domain owner to the company that is going to register
it.
Theoretically, Just like a postal address.. 2 people can not have the same
address, same applies for domain names.

Just to make things confusing.... if you owned, this-url-sux .com, .net,
org.uk but not co.uk you can buy the .co.uk domain name and use it for what
ever you want.
But there is the "passing-off" issue.. but that wouldnt be a problem if you
for example, are selling something completely and utterly different to what
the this-url-sux.COM site is selling...
Or if you are not selling something... a personal site.. or advert for local
events.. etc..
Its not classed as passing off unless its something SIMILAR to what the
this-url-sux site is promoting.. wether it be sale of goods, or advertising
a service etc.

**No passing off issues**
eg. this-url-sux is selling printed t-shirts with any logo or slogan you can
think of on it..
yet thisurlsux is promoting local youth activites and events.. although the
URL sounds similar they are completely different..

**Passing off issues**
this-url-sux is selling printed t-shirts with any logo or slogan you can
think of on it..
thisurlsux is selling EMBROIDERED products (tshirts, mugs, caps etc) with
any logo or slogan
thats passing off because its a business that is similar to the this-url-sux
althought not the same company!

If you get in to any sticky situations with passing-off issues, then you are
stepping over the line of copyright etc... something best to be avoided...

well.. thats what ive been told and understand from the reams and reams of
documentation that I got from my domain provider and DNS server authority..

Hope some of this helps
Danny
----- Original Message -----
From: "Lindsey Hill" [EMAIL REMOVED]
To: [EMAIL REMOVED]
Sent: Monday, December 01, 2003 12:29 PM
Subject: FN-FORUM: domain name legalities


>
> A client has had a very snotty letter sent recorded delivery from
> someone accusing him of pinching their domain name. Their company is
> called Execute Ltd and my client's company is not called execute but has
> bought some variation of the domain name to use for a website. This guy
> has not even mentioned buying the domain name back he just thinks it
> should be rightly his.
>
> What are the rules for this?
>
> Thanks
>
> Lindsey
>
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