Domain name stolen & redirected by competitor

by qu4rk
4 replies
I have a potential client in the US, that has had their brand name www.brandname.com purchased by a competitor. The competitor then has redirected it to their website www.competitordomainname.com. The client has brandname.net & I'm not clear about why not .com...I think it was taken & the competitor purchased it directly from the old owner.

Is their any course of action they can take? They exist in different states FYI.
#competitor #domain #redirected #stolen
  • Profile picture of the author savidge4
    Unless there is a Trade Mark in place there is not a dang thang that can be done.
    Signature
    Success is an ACT not an idea
    {{ DiscussionBoard.errors[10017986].message }}
  • Profile picture of the author Jack Gordon
    So, your potential client never owned the .com?

    Saying it was stolen in your headline is deceptive.

    The fact that they are in different states may be relevant, may not be, depending on reach of the brand.

    He should talk to an IP lawyer. This is not something for a layman to advise him on.
    {{ DiscussionBoard.errors[10018084].message }}
  • Profile picture of the author Freebiequeen1999
    I am also baffled at the idea a name was "stolen"

    I had one gal so angry that someone had "stolen" her "name" and was using it on facebook...hellooo...

    JMO...some things are common sense
    {{ DiscussionBoard.errors[10018090].message }}
  • Profile picture of the author savidge4
    Originally Posted by qu4rk View Post

    I have a potential client in the US, that has had their brand name www.brandname.com purchased by a competitor. The competitor then has redirected it to their website www.competitordomainname.com. The client has brandname.net & I'm not clear about why not .com...I think it was taken & the competitor purchased it directly from the old owner.

    Is their any course of action they can take? They exist in different states FYI.
    There is a round about course of action that your "potential" client could partake in. but unless they are super serious and willing to basically put their money where it counts there is no sense.

    Before heading any of the below advice I really do suggest seeking council. I have never attempted to retrieve a name from a competitor, I have never played a guy on tv that has done so. I did not sleep at a holiday inn express last night either.

    The below mentioned steps are steps that I personally take with some aspects of my business to stop any shinanigans that may occur as you describe. The Satellite business in particular for me can be a bit wicked from time to time in this type of activity.

    #1 ensure that the Company name is registered at the City, County, and State level of the Home state of the business.

    #2 goto the state of the competitor and register the company name as a business that does business in that state. I personally have a large territory that I work in, and am registered in 5 States total. ( to give you an idea 4 of the States borders are less than 70 miles from my company office )

    #3 Start asserting the "TM" mark in all of the published logos etc and when I say ALL.. ALL anywhere and everywhere you can get in to make that change it has to be done. We are talking signage paper goods ( envelopes letter head business cards ) Decaled vehicles, All over the Web anywhere and everywhere. If this step is not taken there is absolutely no course of action - even as I understand it, if you are a "Registered" (R) trademark.

    Part of this process I might suggest going a bit over board and renting a billboard as close to the competitors office as possible with your clients Logo with the TM mark - officially basically putting them on notice that the brand they are using is to be considered a Trade Marked term.

    #4 They will need to apply and submit for a Trade Mark. I am currently in the process of doing this, and to be honest it is what appears to be a long drawn out process. But when you are talking "Brand" then that is what you do. The idea here at this point is to get from a "TM" to an actual "Registered Trademark" (R)

    #5 At THIS point is when they can have an attorney start throwing around the Injunctions for the use and possession of the name.

    If by happenstance... your client is a service based business they can use "SM" as well, but TM can be used in all instances.

    Again seek counsel on this stuff. It is not simple common sense, it is LAW.
    Signature
    Success is an ACT not an idea
    {{ DiscussionBoard.errors[10018763].message }}

Trending Topics