i know you guys don't like legal questions

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Bema Jinn
    Senior Member
    • Mar 2003
    • 1510
    • 3.0.1

    i know you guys don't like legal questions

    i owned squirrelspit.com, but i forgot to renew it, and i've only just got around to registering it again when i find someone else has "stolen" it.

    What do you suggest i could do?

    I've emailed the registrant asking if he's willing to sell it, but i'm not very hopeful.

    Is there any legal right i have to this domain?
    i mean, as i've read somewhere else on this board, i have proof that i used the name squirrelspit before anyone else, so in the UK that makes the name copyright, right?

    any advice welcomed.
  • IDN
    Senior Member
    • Apr 2002
    • 4030
    • 3.5.x

    #2
    I'm not a legal expert, but you don't have any right to it. You let the domain expire, and someone else took the domain, it's your fault. Sorry.

    I had a problem like this, one of my domains expired on 12-25-03 and i forgot, but luckily i was able to renew it on 1-04-04, gave me quite a scare because the domain had porn all over it and i thought someone else registered it.
    Running vB since 4-14-2002

    Comment

    • klisis
      Senior Member
      • May 2000
      • 1195

      #3
      Well.

      He (or she) didn't steal it ... it was expired. It was available to the whole public.
      The only way for you to get the domain back again is asking (or even begging)
      unless the domain is your trademark.

      Comment

      • Bema Jinn
        Senior Member
        • Mar 2003
        • 1510
        • 3.0.1

        #4
        Well, if i read rightly of some of the posts made before about copyrighting, the name is copyrighted to me, because i was the first person to use it, and i have proof.

        I don't know much about copyrighting, so i'm not sure of this. i probably wouldn't get proffesional legal help anyway, because i'm too much of a skinflint. but if i'm right, and he doesn't agree to sell, i'll try scare him with it.

        Comment

        • IDN
          Senior Member
          • Apr 2002
          • 4030
          • 3.5.x

          #5
          You have no right in the court of law, unless you registered the name as a trademark, or a tradename, you won't get anywhere in court and still then you will have a hard time getting it done unless you are a big company with lots of money to spare.
          Running vB since 4-14-2002

          Comment

          • cirisme
            Senior Member
            • Feb 2003
            • 1310
            • 3.0.7

            #6
            Copyrights have nothing to do with names... copyright applies to content. Trademark applies to names, etc.

            I don't think you have much of a right to it unless you can show that he took it in order to make you to pay through the nose to get it back(doubtful, especially since you let it lapse which makes it abandoned) or is using it to confuse/trick/deceive your customers.(since there isn't a site there, that is doubtful as well)

            If you let it expire, especially for a period of time, you're esentially abondoning it and your chances at getting it back is very unlikely.
            TheologyWeb. We debate theology. srsly.

            Comment

            • AWS
              Senior Member
              • Apr 2000
              • 1830
              • 5.2.x

              #7
              You have one month after the registration expires to renew. If the month lapses the domain is fair game. If he doesn't want to sell it back to you, he doesn't have to, and if you don't have squirellpit trademarked you're out of luck. More than likely, since there is no site up yet, he is waiting for you to contact him about buying it back. Contrary to popular opinion he can and more than likely will ask for more than he spent to register it.
              I've done this a couple times. You can make a little money if the site is fairly popular. Many people forget about renewing a domain and never get renewal notices because they change ISPs.
              If the site was sniped because they wanted to benefit from traffic there would already be a boilerplate site up.
              The odds of you getting to domain back, at a profit to the current owner, is very good.
              If you don't want to spend the money wait for the year to expire. Most that do this only reg for one year. Then grab it back. Backorder it now to make sure you get it back.
              Last but not least use an email address that you will have access to at the end of the lease.
              Admins Zone - Resources for Forum Administrators

              Comment

              • Bema Jinn
                Senior Member
                • Mar 2003
                • 1510
                • 3.0.1

                #8
                Thanks for the info everyone.

                If worst comes to worst and he wants an arm and a leg for it, i'll probably just rename my site.

                I just wanted to know where i stood legally so i could threaten/scare him with it. obviously i don't have any rights to it, so i can't.

                Thanks for the info.

                Comment

                • Bema Jinn
                  Senior Member
                  • Mar 2003
                  • 1510
                  • 3.0.1

                  #9
                  He's just replied to me E-mail, he said he bought it because it has a PR of 5

                  Comment

                  • ridemonkey
                    Senior Member
                    • Jun 2001
                    • 253

                    #10
                    Actually, contrary to what everyone here has said, you may have a legal claim to the name. If you did significant business related activity under that name and can demonstrate that, then you may have a case.

                    However, that really doesnt mean anything unless you have a business that can afford to pursue the matter legally. I'm sure you could simply buy the domain back for a fraction of the costs that you would incur through legal action.

                    Comment

                    • Kathy
                      Senior Member
                      • May 2000
                      • 1251
                      • 3.8.x

                      #11
                      The name must be trademarked...and intent on registering the trademark...and commerce must have been transacted through the use of the trademarked name in order for you to have legal recourse to obtain the name back.

                      If I forgot to renew my domain and it lapsed (heaven forbid) and someone else registered it, they would have to give it to me for the price of registering it under normal means. (They can't hold me $$ hostage for the domain).

                      Why? I have a registered trademark of my domain name and substantial commerce on that site for the past 5 years. The name is protected and can't be used even with other extensions by someone else...(like using info, uk, de, etc...)

                      I would simply provide the documents to the name registrar for resolution.
                      Fan Club member for VBulletin Dev and Support Team ;)

                      Hysterectomy - GirlsGetGoing.com - Fabulous Fifty

                      I'm frequently asked about the skin designer for my forums. ForumSkin.com

                      Comment

                      • Bema Jinn
                        Senior Member
                        • Mar 2003
                        • 1510
                        • 3.0.1

                        #12
                        HAHAHA!

                        This has worked out in my favour!

                        He's willing to GIVE me the domain, in return i just place a text link to his site at the bottom of my main page!

                        Comment

                        • AWS
                          Senior Member
                          • Apr 2000
                          • 1830
                          • 5.2.x

                          #13
                          Good news. Now don't let it lapse next time.
                          Admins Zone - Resources for Forum Administrators

                          Comment

                          • CeleronXT
                            Senior Member
                            • Mar 2002
                            • 3217

                            #14
                            After you get it back you don't even have to put it there.. unless you sign a contract or something.
                            "63,000 bugs in the code, 63,000 bugs, you get 1 whacked with a service pack, now there's 63,005 bugs in the code."
                            "Before you critisize someone, walk a mile in their shoes. That way, when you critisize them, you're a mile away and you have their shoes."
                            Utopia Software - Current Software: Utopia News Pro (news management system)

                            Comment

                            • Bema Jinn
                              Senior Member
                              • Mar 2003
                              • 1510
                              • 3.0.1

                              #15
                              Nah, i like to play fair.

                              Comment

                              widgetinstance 262 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
                              Working...