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August 4, 2004
How safe is your domain name?
This tidbit got me thinking:
Penguin Putnam's racketeering domain-name scam
[c/o BoingBoing 30 jul '04]
Apparently, yet another company is trying to snatch yet another domain name from yet another domain owner. This case is a little different, though, because they used the domain name as the title of the book, and now they want that domain name for future promotions.
I was IMing with Steven Cohen about this, because I don't know much about the law on this type of thing, and we consensed that it would be a good idea for me to post my questions here, and see who speaks up.
My curiousity boils down to these 4 issues:
- When a person buys a domain name, does that owner now have any rights to that domain name such that usage by a non-owner entity without permission, with or without malace, comes with any consequences?
- Is it legal for companies to use an owned domain name for commercial purposes without permission of the owner? Is it then legal for the company to try to force (or "make life difficult for") the owner to give up the domain name for use by the company? What can the owner do to defend themselves against such actions?
- Would registering a trademark for the domain name, and associated names (domain name as "title" of web site, stuff like that), safeguard against unauthorized use of a domain name, especially for commercial purposes? Would such action require that the non-owner seek permission and compensate the owner? Are there precedents for such compensation?
- Is it possible for a domain name owner who has been hurt financially by, for example, the unexpected increase in traffic to their domain or media/lawyer interaction/harassment to seek damages, like increased traffic charges, legal fees, etc., from the inflicting party?
Anyone out there wanna take a stab?
August 4, 2004 1:20 PM