Duster — Sun, 16 Jul 2000 19:48:13 +0000

I've had to fend off 6 copyright infringements so far (successfully and without legal action), including one on one of my domain names. I made it a point to educate myself on the issues both for protection and to take appropriate action.

It's a complex issue and depends on a number of circumstances. You can read a recent discussion of the subject at
http://www.webhostingtalk.com/ubb/Forum1/HTML/000312.html
One of the respondents has a legal background and supports my statements.

In some cases it would be cheaper for an organization to incorporate and assume rightful ownership of a domain name rather than pay domain name scalpers an outrageous fee. In fact, the very fact that a domain name may be registered by a scalper and not put into use relative to the domain name's implied purpose (i.e. Donor Watch in this example), can count against them (the scalpers). This is a very differnt case than two businesses with a similar name contesting a domain name.

The discussion at the link above will shed a lot of useful information.

NSS — Sun, 16 Jul 2000 16:24:15 +0000

I am not very clear, if you are talking about well known brand names such as Macdonalds, PepsiCola then I would understand but ordinary names associated to certain profession staking a claim to a name, I have not heard of and I am sure anyone owning that specific domain will not give up easily without a fight.

Please enlighten me or elaborate as I am not an expert on Internet Laws and would appreciate your advice.

For example, suppose a company registers their business name as Webmaster forums, does it means that any domains having similar names will have to give up their domains to this particular company?

Thanks.

[Edited by NSS on 07-16-2000 at 01:50 PM]

Duster — Sat, 15 Jul 2000 21:57:55 +0000

It may have no value at all. I will admit to having a certain contempt for domain name scalpers and will say this without attacking you for it.

Because of the very specific nature of the name, it would likely only be of interest to a medical group of some sort, though there could be other applications. If their business name should be Donor Watch, you would have to relinquish the domain name upon their request. For one thing, you would be infringing on their name. You see, registering a domain name does not necessarily give you the legal right to use it. They wouldn't even have to give you the registration fee for it, however nominal it is.

This is not conjecture. I am conversant with U.S. Copyright law as it applies to Interent affairs and know of cases where a domain name had to be relinquished because it impinged on the rights of the rightful holder.

Justin S — Wed, 12 Jul 2000 14:53:58 +0000

Hmm, well it's a very 'specific' domain, meaning only a certain group would want it. I'd say between $500-$1000 if you find the right buyer.