Here is an interesting reource: http://www.keytlaw.com/urls/c&d.htm . This shows if someone feels there rights have been infringed upon, there are remedies. This pertains to trademarks and infringment.
Erin
Erin,
Good resource,
You know what the problem is, many lawyers, don`t understand how a domain name works or how to handle such case, and the ones that have tried challenging the Virtual world, have found themselves in trouble.
Here is why it`s so hard to even know who the legal owner of a domain name is these days.
Changing the WhoIS records every twenty-four hours is something, that I`ve seen done.
Or what if you get a Privacy lock on the Domain name? then you are into deep.
with a Domain Privacy Block, the system generates and fake email such as 71234@mycompany.com, which doesn`t excist so even if you send out the letter most-likely no-one is ever going to get it, unless they open an email with 71234@mycompany.com.
Another point, As long as I don`t open a business under that domain name, I can have it sitting there for as long as I want. Explanation: so lets say I bought StartUpnation.net, if I just have it sitting there, I`m not infringing anyones patents, trade marks or Company. The minute I develop a web site like SUN, and I am similar or closely related, then I can get in trouble, because I`m infringing their copyrights (in other words we are in the same line of business)
Now here is something that wouldn`t hold up in court... Let me give you an example, my company`s name is: Nuevolution but there`s a bio-tech company named Nuevolution out there! and they own the domain name nuevolution.com, well after years of keeping in touch with them, they released the domain name nuevolution.net to me. Why did they do it? because they knew that I was into web design and they are a bio-research company so we are not in the same line of work....so owning domain names and just having them sit there is totally legal.
I can share some letters with you if you wish, I`ve been threatened about 30 times... but, hey thats all they can do...
-------------------------
Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net



