Domain Talk Blog » domain dispute

Domain Name Disputes

Emman Alcide — Wed, 06 Oct 2010 08:05:46 +0000

As a lecturer on Web Development Trends and technologies, My students often asked me questions like “What happens if someone wants the same domain name? What if someone register your company’s name and does not want to give the name back to you or sell it to you? Will you get sued if you register the name of a prominent company? What happens next?”

My answer is always the same, Domain Name Dispute.

Domain name disputes happens when a company finds that the domain name corresponding to their corporate name or product trademark is registered by others. The company can either choose a different name or fight to get the domain name and this is where the domain name dispute enters.

All domain registrars follow the ICANN (Internet Corporation for Assigned Names and Numbers) policy. The ICANN helps regulate the internet’s unique identifiers such as domain names. Without ICANN and its policies, anyone can own a domain name even if it is a trademark of an existing company or product. For example, I can own www.microsoft.com even if its not my company or trademark.

When a domain name dispute occurs, the complaining party can always go to the court and file complains, although the courts and judges can award ownership of the domain name, the process is slow for both companies need to prove and submit supporting documents showing that they have more rights on the domain name. Usually, domain name dispute avoids courts and usually come up with a settlement for both parties.

Another speedy resolution for domain name dispute is the UDRP or Uniform Domain-Name Dispute-Resolution Policy, the policy allows domain registrars to cancel, suspend or transfer domain names if the domain-holder is proven to be a cybersquatter or those who register the company name of trademark products for malicious purposes.

So before you think of registering celebrity names and claiming them as yours, think again because cyberspace is also being regulated by laws and policies.

CS Lewis wants narnia.mobi back

Domain Man — Wed, 18 Jun 2008 04:13:13 +0000

A father bought narnia.mobi for his son who is a fan of the Chronicles of Narnia series. Now the estate of CS Lewis has decided they want it. CS Lewis never registered the domain, therefore they never owned it but now would like to have it.

Apparently Baker & McKenzie, lawyers for the CS Lewis estate, filed a complaint with the World Intellectual Property Organization (WIPO).

microsoft.com domain dispute

Domain Man — Tue, 18 Mar 2008 16:26:37 +0000

There are two interesting domain situations with Microsoft, the actual domain microsoft.com was not at dispute, however two versions have been. First, the domain micros0ft.com with a zero instead of the letter ‘o’ was registered by the company Zero Micro Software which later abandoned the domain after the registration was suspended when Microsoft filed a protest. The domain registration eventually expired and Vision Enterprises of Roanoke, TX registered the domain and apparently expired in 12/2007. Currently the domain is regisitered for another year however the whois domain lookup does not reveal the registrant.

In a second incident, a 17-year-old high-school student named Mike Rowe registered MikeRoweSoft.com. Microsoft then contacted him to give up his domain asserting confusion among the public for a name that sounded like theirs. Long story short, Microsoft now owns the domain name.

mcdonalds.com domain dispute

Domain Man — Tue, 18 Mar 2008 05:57:54 +0000

The domain name mcdonalds.com has an interesting story. A writer for Wired magazine was writing an article on domain names and their value and registered the McDonalds domain name. McDonalds now has the domain in their possession, as it was … Continue reading →

candyland.com domain dispute

Domain Man — Tue, 18 Mar 2008 05:40:40 +0000

The domain name candyland.com was registered by an adult entertainment business. Hasbro, the maker of the CandyLand board game sued the company to obtain an injunction.

The company that registered the domain was the Internet Entertainment Group (IEG) that placed sexually explicit material at the domain.

Hasbro claimed that the use of the domain name candyland.com was an infringement of their Candy Land game trademark, asserting that the public associated the name with fun and wholesomeness.

IEG obtained the domain adultplayground.com and Hasbro now has candyland.com