Have a client who purchased a .com domain name before he came to me. The domain does not relate to the name of his trading name. Just received an email threatenening legal action from a UK company who own the Limited company of the .com domain we own and also the .co.uk domain.

 

They say as I am the administrative contact I may be liable!!!!!!!!!!!

 

What are the laws regarding the registration of domain names?!

 

Any ideas

 

Pedro

It was in the news here recently, something about susan boyle getting cybersquatted and failing to get the name back... I know that in Scotland there are no cybersquatting laws, I'd imagine the rest of the UK is the same. So as far as I understand is the only thing they can do is take you to court for breach of trademark (so unless your imposing to be them or are in the same line of business they wont get very far, AND they have to have registered the trademark).

 

I think the most important thing to do is not accept or discuss anything with the other party until seeking proper legal advice.

 

This may be of use - http://www.law.ed.ac.uk/it&law/ch4_main.htm again its from Scotland but its probably still useful.

 

Also, if you registered the domain for the client, you shouldn't be the Administrative contact, you should be the technical contact. I'd change that over to your client.

 

The reason that most cases dont actually go to court in the UK is because nominet have a disupte system on their website- http://www.nominet.org.uk/disputes/drs/ TBH it puts most people off because I think its like £700 to open a dispute, and then £3000 to appeal.

Thanks You Jock. An excellent reply. I will seek legal advice tomorrow!

I can't see how you are liable in the slightest. You don't own the domain, your client does, so just tell them to talk to him.

 

I don't think Nominet will do anything about a .com name either?

Just received an email threatenening legal action from a UK company who own the Limited company of the .com domain we own and also the .co.uk domain.

 

They say as I am the administrative contact I may be liable!!!!!!!!!!!

 

What are the laws regarding the registration of domain names?!

You start off saying he is the client and then that we own the Domain Names

So please advise which it is

 

The documents must be served to the registrant

However, if they are using WHOIS opt-out then the complainant must contact the administrative contact, who should then pass on the complaint, and in some countries this makes you equally liable

I would therefore reply back to the complainant with the postal address of the registrant

 

With regards to the Limited company, simply claiming the Domain Name is theirs is not acceptable and in the UK would be rejected by a court

However, if it is trademark or has been trading under that name AND the website is of similar getup or appears to be passing off then the court would agree with the complainant and may award damages based on loss of income

 

For the .com the process normally proceeds via WIPO

Check their website to see if any claim has been lodged

 

For the .co.uk process normally proceeds via Nominet

Contact them to see if a complaint has been received

 

Personally, it sounds like the Limited company is looking for a cheap and free outcome, without the need to go to court

 

Several years ago I ran into an issue with a website starting with the word "easy"

I always knew "easyjet" might try to claim, but there are many other companies that start with "easy"

Sure enough two years later threatening emails started

The matter never went any further than that

Morning

 

The client owns the domain and I have just changed the admin contact to him too leaving me as the technical.

 

Spoken to the client this morning and it seems he has had contact a few weeks ago from the company asking to buy the domain from him. They offered £200. My client informed them that his signwrighting on the van and business cards cost more than that!

 

The company in question do trade as the exact domain name my client owns and they own (and have a site on the .co.uk)