But, they just SOUND similar.
October 16, 2010 7:05 PM   Subscribe

What happens when you've purchased a domain that a company wants but you're not sure how to proceed because Or am I totally in the wrong?

I purchased two domains a little while ago for my own purposes and uses. One being [DomainsName].com and The[DomainsName].com.

I just got an email today from what seems like the law offices of a company with a similar sounding name to my domain (so, for example, let's say they are Domain Nehm or Domain Naim, but without the s after Domain and without "The").

Now to allay any suppositions that I'm a dirty URL squatter or some kind of link hijacker: The name I chose was obviously meant as a joke/twist on the company name that someone I know came up with. The project itself has nothing to do with anything the company does and I'm not trying to profit in the field the company works in at all. It's more like a pun based on the existing name for my own blog. In fact, the company is niche and known enough that if someone were to look this site up they'd know what they were in the wrong place and my site obviously isn't it and they obviously would know which spelling to use or have the site book marked or something.

I'm more than willing to admit I'm ignorant about the legal intricacies of what makes for a parody and whatnot, and if I've stepped overbounds in some way, I'm not so slimy as to not want to set it right, since I wouldn't want my project to be smeared in anyway either.

Anyhow, I tried to do some research on this and it sort of looks like technically I'm in the wrong under the ACPA, at least according to previous court cases, but the EFF also lists the case of Interstellar Starship Servs. Inc. v. Epix Inc., which makes it seem like if you're in different markets it doesn't matter at all.

Either way, I'm not rich enough to lawyer up, nor do I care that much to want to fight this. The lawyer also said they'd pay me for any out-of-pocket costs incurred registering these domains, which is fine by me.

My question I guess is, then how do I respond? I was just going to email back saying "Hi, got your email and I'm not quite understanding what it is that needs to be resolved. My domain name is not the company's name, and it is for a personal project of mine, so I'm puzzled as to what the issue is. However, if there is a problem I would like to resolve it also and would like to be reimbursed the cost of registering these domains if I cannot use them," since while I'd like to get this taken care of soon, I also would like some clarification of exactly what I'm being accused of and also don't want to sound all "OMG~ My bad, oh wow, gee, golly, what a bad person I am!" because to me, at the most, it was an honest mistake.

So is this the correct response? Also, did I really do anything wrong in the first place? I thought squatting was when you buy a domain that actually has the name of the company in it? And even though, is that really even illegal when your domain name is not even the company's name? Just happens to use words that sounds similar?

Pertinent info:

- I am in New York.
- Company is also based in New York
- Law office I got the email from also is based in New York, and I checked as much as I could without actually directly contacting them and it all seems legit.
posted by anonymous to Law & Government (9 answers total)
 
Contact the EFF and find out if they can connct you with resources or with pro bono counsel who would be able to help. Also try arts organizations that try to connect artists with lawyers.
posted by Inspector.Gadget at 7:22 PM on October 16, 2010


You claim not to have enough money to lawyer up, but if the company wants this domain badly enough (just how closely does it resemble their name?), then you have enough money to lawyer up. Find someone who will negotiate for you on contingency.

Does it really make sense to send a letter saying "I want to keep my domains, please, but all you have to do is ask again, and I'll give up if you'll reimburse me $16 in registration fees"? You seem to feel guilty about receiving a windfall here, but I'm not sure why you would.
posted by foursentences at 7:52 PM on October 16, 2010


And even though, is that really even illegal when your domain name is not even the company's name?

Oh, and you've done nothing illegal and very probably nothing you could successfully be sued over (but see a lawyer to be sure).
posted by foursentences at 7:54 PM on October 16, 2010


The attorney who wrote you the letter is charging the company between $250 and $500 per hour. In that circumstance you should not part with your domain names for $16.

It sounds like you don't really care that much about the domain names. If that's the case, you should just name a price that would make you happy and let them know they can have it for that much. Is that $500, $1,000?

Foursentences suggested that you might be able to find an attorney to negotiate for you on a contingency basis (i.e. you don't pay them anything other than a percentage of the eventual payment). That certainly might be possible, but it would require some effort on your part and it's not clear that this is that important to you.

If you really don't want to give up the domain name and you specifically want help defending yourself from this large company then you should make it clear that that is your question.
posted by alms at 8:03 PM on October 16, 2010


If that's the case, you should just name a price that would make you happy

My understanding is that suggesting a sale price will be used against you as evidence that you registered the domains in bad faith for financial gain from the company, and thus are in violation of the rules. (It sounds like trying to bait domain owners into suggesting a sale is one of many tactics used to grab rights to a domain). You're right to be cautious as to exactly how to proceed.

I would guess you can take your time with this though - don't feel put on or rushed. Just take it easy, find out what the recommended procedure is (it will be a fairly well trodden path, the information will be out there) and proceed at your leisure.

Of course, IANAL.
posted by -harlequin- at 8:20 PM on October 16, 2010


Ignore it until they put something on paper, they're just trying to hard-sell you. "Oh, we'll pay for the transfer and everything!" means they got nothin'.
posted by rhizome at 8:33 PM on October 16, 2010 [1 favorite]


buddy of mine, who was all "the internet is gonna be really big!" back in like 91, bought up some domain names. He got 95K for one of them signed sealed and delivered. If they have lawyers, they have money to burn. Screw their lawyers, and take them for everything they got.
posted by timsteil at 8:41 PM on October 16, 2010


Domain name disputes are handled by the WIPO. If they want to take the name, they'll have to case to them, not to local courts
posted by delmoi at 9:33 PM on October 16, 2010


Domain name disputes are handled by the WIPO. If they want to take the name, they'll have to case to them, not to local courts

Exactly. I wanted to get [mylastname].name. The people using it are clearly in violation of the policies for .name, but to just start the ball rolling with the registrar people, I need to cough up like $1500 and give it to some company they decided will arbitrate for them.

My thought is that they are trying to get you to give up the domains voluntarily because it will be a pain in the ass to go through the arbitration process.

Here is my take on the situation: you bought the names because of their connection to the Real Company. If you had (and still have) legitimate satirical purposes for owning the names, keep them and engage in said satire and ignore the letter(s) you get. They are meaningless until you are actually sued. If you really just bought them for the lulz, or don't care any more, just tell them to make an offer. Sort of like "whatever dudes, just make me an offer and you can have them."

buddy of mine, who was all "the internet is gonna be really big!" back in like 91, bought up some domain names. He got 95K for one of them signed sealed and delivered. If they have lawyers, they have money to burn. Screw their lawyers, and take them for everything they got.

That was cool back in '91, not so much anymore. As harlequin says, there are rules that you (probably didn't know you) agreed to when you registered the name. If you break them, you probably forfeit the name.
posted by gjc at 6:50 AM on October 17, 2010


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