Thursday, June 16, 2011

Legal issue: Being sued for Infringing Domain - Web Hosting Talk

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Junior Guru Wannabe

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Join Date: Aug 2002

Location: Singapore

Posts: 81


Hi everyone i am having a issue with one of my customer domain. We are a hosting provider and we have a customer call ic*llQ.

Right now a GRE*DY lawyer representing iC*ll trademark first send an legal letter to Apple inc (As there is an app call ic*llQ we have done for our client) and now they send to namecheap !

The first letter to namecheap is to ask our client to cease operation or pay them $5000/-.

The second letter to namecheap is to ask namecheap to cease my account (which i have 100's over domain in my account).

I am angry, sad and lost.

Can anyone advice us what to do ?

We are a Singapore base company and so is my customer, we can't be because of this flying over to US engage a lawyer and go to court for this. Whatever is the judge ruling, we will still be the loser!

Please help.


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Junior Guru Wannabe

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Join Date: Jan 2010

Location: United Kindom

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Is your customer really infringing iC*ll trademark?


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Web Hosting Master

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Join Date: Apr 2001

Location: Buenos Aires / Argentina

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As a first measure I would move move the domain to an individual account on another registrar, just in case, and then you can work with the registrar and with ICANN about it.


Maybe stop infringing their copyrights and trademarks?

If they don't defend it, they lose it IIRC (in the US at leasT)


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Junior Guru Wannabe

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Join Date: Aug 2002

Location: Singapore

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Quote:

Is your customer really infringing iC*ll trademark?

Basicall my client is a singapore customer and is using iC*llQ , the sueing party has the trademark in US as iC*ll only. Notice the domain and app name have a Q behind and is a singapore registered business here. The thing i don't understand is if i get a trademark of the letter 'A' i can go around the whole world and sue all compaines or domains who use the letter A ?

Domain works like an interntional channel, why would it be only applicable in the us laws? Is there a guideline on what can be sued and not?


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Junior Guru Wannabe

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Join Date: Aug 2002

Location: Singapore

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We are a hosting provider, we just host in behalf of our client the hosting and domain.

Why would namecheap suspend my account and not just that domain? My domains consits of 100's over enterprise, that is not fair right?

Quote:

As a first measure I would move move the domain to an individual account on another registrar, just in case, and then you can work with the registrar and with ICANN about it.


Quote:

Basicall my client is a singapore customer and is using iC*llQ , the sueing party has the trademark in US as iC*ll only. Notice the domain and app name have a Q behind and is a singapore registered business here. The thing i don't understand is if i get a trademark of the letter 'A' i can go around the whole world and sue all compaines or domains who use the letter A ?

Domain works like an interntional channel, why would it be only applicable in the us laws? Is there a guideline on what can be sued and not?

If you buy 'googleq.com' you're getting pwned either way.

- Who came first? iCall or iCallQ?
- Which is more well known?
- Which company was registered first?
- What industry are both in?


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Web Hosting Master

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Quote:

We are a hosting provider, we just host in behalf of our client the hosting and domain.

Why would namecheap suspend my account and not just that domain? My domains consits of 100's over enterprise, that is not fair right?

Any chance to ask NameCheap to move that 'infringing domain' client's domain to another account (separated from your main account), so that only that single account being suspended and Not all of your domains?
Well, it's very frustrating when all domains were suspended just because of 1 infringing domain.
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Junior Guru Wannabe

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Join Date: Aug 2002

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Basically, google is not a common word you can find in the English dictionary, icallq, icallU, icallMyMother is different from the goggleq.com example.

indeed ic*ll came first,

as mention, ic*ll maybe more popular on states but is more popular in Singapore? How are we going to justify who is more well known and will this be use in court to justify?

ic*ll is registered in US and ic*llQ is registered in Singapore. Since this is not patent we are protecting, it does not matter who invented the wheel first.

Both are in telecommunication industry but one is concentrating on VOIP where else the other is on callback.

Quote:

If you buy 'googleq.com' you're getting pwned either way.

- Who came first? iCall or iCallQ?
- Which is more well known?
- Which company was registered first?
- What industry are both in?


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Junior Guru Wannabe

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Join Date: Aug 2002

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My point is , does we really need to request that? should namecheap just suspend only that domain account and not my main account with so many domains registered? Are they allow to do that?

EricTham, try explaining your issue in detail to user enetwork. Good luck.


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Freelance SEO Consultant

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EricTham: How is this your fight? They should be dealing directly with your customer and not you. They are trying to scare you; who has absolutely nothing to do with this, besides hosting your clients web site.

Tell them to contact your customer directly and to leave you alone.


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If namecheap have suspended your account, I would like to know why. That all sounds a bit to fishy and there might be more to this?


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Web Hosting Master

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Join Date: Sep 2004

Location: Malaysia

Posts: 1,010

This is what I gethered from the Internet...

Dispute Process

Domain registrants must provide accurate information about themselves and cannot register a domain name that infringes on a third party's rights. Breaking these rules opens the registrant to a formal complaint and an administrative proceeding. The complainant files the complaint with an ICANN approved dispute resolution service provider, who becomes the proceeding's administrator. During the proceeding, the complainant must prove three elements of infringement. She must provide proof that she owns the rights to a trademark or service so similar to the domain name that the public may confuse the two. She must also prove that the registrant holds no rights to the name, and acted in bad faith.

What is Bad Faith?

Acquiring a domain name that matches a trademark and trying to sell the domain to the rights holder for profit constitutes bad faith. Registrants who show a pattern of squatting activity, defined as registering large numbers of domains to resell them or to keep their rights holders from using them demonstrates bad faith. Registrants who try to disrupt a competitor's business by squatting or confusing people into visiting a domain other than the entity whose name appears in it, is also considered bad faith.

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However after a quick word with my lawyer, I asked her about things like that and she said that they do have the right to get you guys to "Cease and Decease". That being said, they must 1st ask you to do so and if you do not comply or if you do not care, then they could initiate legal proceedings which could turn out to be a very long and tidious thing.

With this said, I do not see why you would need to have to pay the $5000 as per their request. They don't really have the right to ask you guys to do so without any real reason behind it and even if there is a "Cease and Decease" should come before anything else. Unless you guys ignore it, you guys should not need to pay anything in almost all cases.

Ps. As nuthin said above, this has totally NOTHING TO DO with you and you should not even be involved with this fight. Ignore anything which is sent to you. It has nothing to do with you and if you still wanna play with fire, then you'll most probably get burnt. Tell them to go directly to your client. And ask NameCheap to push the domain out to another User(under the client) and not under you anymore. That domain has nothing to do with you and you should just leave it alone.


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Last edited by aodat2; Today at 04:02 AM.

first of all, is the email valid ?

my client received this kind of email too, and just ignore it.


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