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Website domain name issue... Ohio

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  • Website domain name issue... Ohio

    A client of mine, XYZ of Rogers, received a phone call from another company threatening legal action if his website domain name is not changed. His domain name is xyw.net.

    The gentleman that called my client has a business named XYZ, but it is located in a different city than my client's business. Since their "dba" names are completely different, does he have any legal recourse against my client? The other business does not even have a website.

    Since my client paid for the domain name, isn't it legally his? Or does he need to change the domain name?

    Thank you for your time!!!

  • #2
    Racer - I edited your post to remove company names and website links, which violate board rules.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      Originally posted by Alice Dodd View Post
      Racer - I edited your post to remove company names and website links, which violate board rules.
      Alice-

      Sorry about that!!!

      Comment


      • #4
        As for the domain name, check out this link: http://www.icann.org/en/help/dndr#udrp - there are several factors, including whether the other party has trademarked the name, how far apart your businesses are (miles, other states, etc.), how likely the public is to confuse your business with the other one and vice versa. Out of curiosity, why did you get the .net instead of the .com? Was the .com taken? If so, who owns it? Usually if a business is concerned about protecting their business name, they buy up both the .com and the .net.

        Also do a search at www.nolo.com for 'domain name', they have some articles.

        AND, if the domain name isn't trademarked, whoever files for it first wins :-) Nolo Press also has a book on filing trademarks. If the business has a lot invested in the name (ads, name recognition, etc.) it would be smart to get the trademark.
        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

        Comment


        • #5
          Originally posted by NsahlaiLawFirm
          Your client domain name and xyz domain name are same? It could not be.
          He/she is using "xyz" as a pseudonym in order to protect their client's privacy. You, being an international law firm, should know that.
          And please remove the advertising from your signature file. Ok?
          Last edited by cactus jack; 10-10-2012, 03:55 AM.
          I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
          Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
          I also may not have been either sane or sober when I wrote it down.
          Don't worry, be happy.

          http://www.rcfp.org/taping/index.html is a good resource!

          Comment


          • #6
            Originally posted by cactus jack View Post
            He/she is using "xyz" as a pseudonym in order to protect their client's privacy. You, being a law firm, should know that.
            And please remove the advertising from your signature file. Ok?
            I think, HIM being a spamer, doesn't care about knowing that.
            Ya think ?

            Comment


            • #7
              I checked him/her out, and so far it seems they might be legit, so I can't just whip out the tazer and zap them, watching them curl up in a ball on the floor and while like a little baby just because.

              Wait a minute here. I think we did that during tazer training when I was a firefighter. Hmmm. Was kinda fun. And kinky.
              I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
              Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
              I also may not have been either sane or sober when I wrote it down.
              Don't worry, be happy.

              http://www.rcfp.org/taping/index.html is a good resource!

              Comment


              • #8
                Originally posted by cactus jack View Post
                I checked him/her out, and so far it seems they might be legit, so I can't just whip out the tazer and zap them, watching them curl up in a ball on the floor and while like a little baby just because.

                Wait a minute here. I think we did that during tazer training when I was a firefighter. Hmmm. Was kinda fun. And kinky.
                A four year law degree coupled with the hour of posting and thats ALL he/she had to say on the subject ??.
                I find that could not be, unless our budding Barrister is smoking the midnight oil instead of burning it....

                TAZER training ? I thought you said LAZER training...
                Yeah, that does sounds like fun,
                as long as you're not the guy who gets
                TAGGED
                .._________________
                ~ You know you need a different Attorney when during your initial consultation,
                he tries to sell you Amway

                Comment


                • #9
                  The question of whether he is or is not a spammer can be debated; I just went in and deleted his link so we can take our time.

                  ETA: Never mind. I found spam evidence. He's gone.
                  Last edited by cbg; 10-10-2012, 07:05 AM.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    And the spammers are coming to this particular thread to spam....
                    Because they know their post will be deleted, as they do this for pay in a sweatshop-style work environment.

                    I'll have them in my prayers that someday they can be someday liberated from the slave-labor environment.
                    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                    I also may not have been either sane or sober when I wrote it down.
                    Don't worry, be happy.

                    http://www.rcfp.org/taping/index.html is a good resource!

                    Comment


                    • #11
                      Yep! I see most spam in busi. law (sometimes this thread), employment law & bankruptcy law.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment

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