Closing Doman Auctions
DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars
HomeRegisterMembershipsGetting StartedDomain Tools Domain EbooksSEO Software Domain Resellers Advertise

Go Back   DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars > Domain News, Beginners Guides and Legal Stuff! > Domain Name Legal Issues
Register Search Today's Posts Mark Forums Read

Reply
 
LinkBack Thread Tools Display Modes
Old 07-12-2008, 09:00 AM   #1 (permalink)
Platinum Lifetime Member
 
domaingenius's Avatar
 
Last Online: 11-07-2009 12:10 PM
iTrader: (5)
Join Date: Mar 2006
Posts: 1,027
DNF$: 148
Location: United Kingdom
Country:


Threat of criminal proceedings

Hmm, first time I knew this. I received letter today from officialdom stating ,amongst other things, "Under section.........of.................it is a criminal offence for any person to use the words .......................{my domain name allegedly} or any words suggesting that his place of business is,or is officially connected with.........."
I did some checking and found this quote to be correct.

Now this brings me to the question , could a simple domain name aver that
I am connected with ....?.

DG
domaingenius is offline   Reply With Quote
Sponsored Ads
Old 07-12-2008, 09:16 AM   #2 (permalink)
Suse powered
 
VirtualT's Avatar
 
Name: Kris
Last Online: Today 06:20 PM
iTrader: (74)
Join Date: Aug 2006
Posts: 2,214
DNF$: 4,269
Location: Perth
Country:

Send a message via MSN to VirtualT Send a message via Skype™ to VirtualT

I suppose it depends what .......... is.
If its McDonalds or Microsoft your screwed, get the picture?
VirtualT is offline   Reply With Quote
Old 07-12-2008, 09:51 PM   #3 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 11-05-2008 09:14 PM
iTrader: (0)
Join Date: Mar 2006
Posts: 160
DNF$: 128
Location: CA, USA


Give us an example, not the actual domain but an example of what the domain might be similar to, and the people that are going after you.

For example, is the domain: supertoyotas,com, and the company Toyota?

More information will be helpful in getting better answers/opinions.
flamewalker is offline   Reply With Quote
Old 07-13-2008, 01:21 PM   #4 (permalink)
Platinum Lifetime Member
 
domaingenius's Avatar
 
Last Online: 11-07-2009 12:10 PM
iTrader: (5)
Join Date: Mar 2006
Posts: 1,027
DNF$: 148
Location: United Kingdom
Country:


Quote:
Originally Posted by flamewalker View Post
Give us an example, not the actual domain but an example of what the domain might be similar to, and the people that are going after you.

For example, is the domain: supertoyotas,com, and the company Toyota?

More information will be helpful in getting better answers/opinions.
Nope it is a Government type name. It is not a commercial name.

DG
domaingenius is offline   Reply With Quote
Old 07-13-2008, 02:52 PM   #5 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 11-05-2008 09:14 PM
iTrader: (0)
Join Date: Mar 2006
Posts: 160
DNF$: 128
Location: CA, USA


So... like you have uspto.com (uspto.gov is the real site)? or usptolookup.com or something of that nature?
flamewalker is offline   Reply With Quote
Old 07-13-2008, 03:07 PM   #6 (permalink)
 
aZooZa's Avatar
 
Name: Dale Hubbard
Last Online: Today 04:54 AM
iTrader: (45)
Join Date: Jan 2003
Posts: 5,874
DNF$: 5,869
Location: Exeter, UK
Country:

Send a message via MSN to aZooZa Send a message via Skype™ to aZooZa

If it's a play on e.g. MI5, MI6, security-related, or otherwise sensitive to the UK government it can simply be illegal. In this case, you could expect Special Branch, not the boys in blue at your door.
__________________
UK Drop Catching Services: Dropsystem.co.uk
New! Canada TBR Drop Catching: Dropping.ca
New! QUALITY MiniSites: NOTsoMINI.com
aZooZa is offline   Reply With Quote
Old 07-15-2008, 02:24 PM   #7 (permalink)
Platinum Lifetime Member
 
domaingenius's Avatar
 
Last Online: 11-07-2009 12:10 PM
iTrader: (5)
Join Date: Mar 2006
Posts: 1,027
DNF$: 148
Location: United Kingdom
Country:


Quote:
Originally Posted by flamewalker View Post
So... like you have uspto.com (uspto.gov is the real site)? or usptolookup.com or something of that nature?
Yes.

DG

Quote:
Originally Posted by aZooZa View Post
If it's a play on e.g. MI5, MI6, security-related, or otherwise sensitive to the UK government it can simply be illegal. In this case, you could expect Special Branch, not the boys in blue at your door.
Well I could tell you a story, but I wont lol.

DG

Last edited by domaingenius; 07-15-2008 at 02:25 PM.. Reason: Automerged Doublepost
domaingenius is offline   Reply With Quote
Old 07-15-2008, 04:52 PM   #8 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 11-05-2008 09:14 PM
iTrader: (0)
Join Date: Mar 2006
Posts: 160
DNF$: 128
Location: CA, USA


IMHO (non lawyer opinion), give them the name. Without knowing the name its hard to be sure, but my guess is that its not worth fighting over, and you would be better off with a more generic name.
flamewalker is offline   Reply With Quote
Old 07-15-2008, 05:41 PM   #9 (permalink)
Platinum Lifetime Member
 
domaingenius's Avatar
 
Last Online: 11-07-2009 12:10 PM
iTrader: (5)
Join Date: Mar 2006
Posts: 1,027
DNF$: 148
Location: United Kingdom
Country:


Quote:
Originally Posted by flamewalker View Post
IMHO (non lawyer opinion), give them the name. Without knowing the name its hard to be sure, but my guess is that its not worth fighting over, and you would be better off with a more generic name.
I am probably going to get it cancelled rather than give them the name, but yep it is only matter of my stubborness.

DG
domaingenius is offline   Reply With Quote
Old 07-15-2008, 07:58 PM   #10 (permalink)
DNF Addict
 
Domagon's Avatar
 
Name: Ron Bennett
Last Online: 07-14-2009 02:31 PM
iTrader: (26)
Join Date: Oct 2003
Posts: 1,372
DNF$: 7,978
Location: Wyomissing, PA
Country:


Is the domain a .COM/.NET/.ORG ... or is it a ccTLD?

If it's a ccTLD, in particular if it's .UK (which I assume is your home based on your user profile), then likely the best thing to do is cancel / hand the domain over.

If it's not a ccTLD, but say in .COM, then it may be worthwhile, especially if the domain is quality, doing some more legal research on the matter first before deciding to relinquish the domain.

To be clear, the TLD alone likely doesn't decide the matter, but could play a role in how the law applies to your situation...

Ultimately the laws of your country (I assume U.K.) will be the determing factor - in the U.S., owning a government agency name, such as in .COM, is generally tolerated; ie. whitehouse.com, dea.com, usdoj.com, and irs.com* comes to mind.

* IRS.com is a special case - it appears Congress / IRS sought to the domain canceled, but it appears, despite being redirected to irs.gov, is still privately owned - am curious what's happening with irs.com, but I digress.

Ron
__________________
Domagon Consulting Services - Business Help and Problem Solving
SeedCash.com - sow those economic green shoots. Make An Offer!
Domagon is offline   Reply With Quote
Old 07-15-2008, 08:32 PM   #11 (permalink)
Making Everything Click
 
Focus's Avatar
 
Name: Chris
Last Online: Today 05:40 PM
iTrader: (111)
Join Date: May 2005
Posts: 9,405
DNF$: 15,342
Location: Dirty South
Country:




Quote:
* IRS.com is a special case - it appears Congress / IRS sought to the domain canceled, but it appears, despite being redirected to irs.gov, is still privately owned - am curious what's happening with irs.com, but I digress.

Ron

Amazingly..it is actually redirecting to banks.com/taxes and someone is getting PAID.
I like it!
Focus is offline   Reply With Quote
Old 07-15-2008, 08:55 PM   #12 (permalink)
DNF Addict
 
Domagon's Avatar
 
Name: Ron Bennett
Last Online: 07-14-2009 02:31 PM
iTrader: (26)
Join Date: Oct 2003
Posts: 1,372
DNF$: 7,978
Location: Wyomissing, PA
Country:


Whoa! I sidn't even realize that. So much for irs.com being a "special case" - it's privately owned, like most of the others, being utilized for other non-government things.

What confused me is that when one searches "irs.com" in google it brings up irs.gov website #1 with no mention of irs.com at all anywhere; gives the appearance irs.com is a redirect to irs.gov when it really isn't...

Makes me wonder whether irs.com got suspended from the index, and why ... abuse by irs.com? -and/or google went out of its way to make sure irs.com searches always go to irs.gov ...?

Ron
__________________
Domagon Consulting Services - Business Help and Problem Solving
SeedCash.com - sow those economic green shoots. Make An Offer!
Domagon is offline   Reply With Quote
Old 07-15-2008, 09:02 PM   #13 (permalink)
Making Everything Click
 
Focus's Avatar
 
Name: Chris
Last Online: Today 05:40 PM
iTrader: (111)
Join Date: May 2005
Posts: 9,405
DNF$: 15,342
Location: Dirty South
Country:




From what I recall the banks.com company bought irs.com in 2005 for something like 11 million...if memory serves me correct..that's alot of bread. I assume it's ALOT of traffic too..
Focus is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 08:57 PM.
Copyright @2001-2009 DNForum.com