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Help? Any legal eagles here? |
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BigDave
Moderators
Joined: 13-Mar-2006
Posts: 11008
From: England
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Posted: 2012-06-14 00:44
Obviously if I had a burger van and called it McDonald's Burgers or Subway or whatever, their legal departments would be on me like a shot with all sorts of injunctions etc, but I'm wondering if there's anything similar for internet companies - on a small claims court scale. e.g. a new company starts a website called www.pro9.xxx and it's in the pool billiard business... Is there anything I can do to prevent them from causing confusion between the two websites - and quite possibly damaging Pro9's brand/reputation built over the past 9 years? -----------------  Authorised Pro9 forum advertiser/sponsor
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chirst147
Home away from home
Joined: 28-Aug-2006
Posts: 630
From: Birmingham
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Posted: 2012-06-17 00:45
Hi Dave. I am not a legal eagle so my opinion may not be correct, but I believe that anybody can buy a domain name with ending .net, .com, etc etc if it is available.
Has Pro9 been registered as a trademark as this is what stops someone calling themselves McDonalds.
Also is Pro9 a limited company. If so you may be able to stop someone calling themselves Pro9 as it wil already be registered with Companies House, although not sure the legal side of things from an overseas company perspective.
My opinion is that they are allowed, but perhaps you should ask the domain owner if you can buy the web address and also buy all other Pro9 addresses.
As said I am not a legal expert.
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carnage
Quite a regular
Joined: 22-May-2012
Posts: 52
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Posted: 2012-06-17 23:03
dave Christ is right. buy what you can while you can and save yourself the headache! Although I believe he is wrong about the companies house comment. I assume you are registered as pro9.CO.UK rather than PRO9? In this case you have unfortunately no case against someone who has pro9.com or .eu etc. To be honest are you bothered? After all, pro9.co.uk has established itself well enough to ward off competitors! Good luck! [ This message was edited by: carnage on 2012-06-17 23:07 ]
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gazhopkins10
Just can't stay away
Joined: 05-Jun-2012
Posts: 133
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Posted: 2012-06-17 23:10
gunna buy it now b4 u then mek u buy it from me for a large profit 
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UnkleJackie
Quite a regular
Joined: 06-Aug-2007
Posts: 54
From: Mississippi, USA
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Posted: 2012-06-18 00:10
Internet law is years behind the curve, plus the added-in factor of being worldwide. even the USA has problems with look alike sites. just try whitehouse.XXX (org, com, gov) and see what you get. the only court would be the World Court unless the offender is in the same country as you.
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tigger147
Home away from home
Joined: 19-Jun-2007
Posts: 2605
From: liverpool
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Posted: 2012-06-18 11:02
dave, mot of the big ones, .com, .org, . biz are still available, so grab them quick before we all do !!
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BigDave
Moderators
Joined: 13-Mar-2006
Posts: 11008
From: England
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Posted: 2012-06-18 11:44
I don't want them... There's a Polish shipping company with Pro9.eu and frankly I don't give a hoot - why would I?
What I don't want, is another company in the pool community calling itself Pro9 and starting a website using the Pro9 name... At best it's going to cause confusion, and takes control of the Pro9 brand and reputation out of my hands - at worst it could serious jeopardise the fine standing we have in the billiard industry if this other company decides to do a runner or something worse.
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187mph
Just can't stay away
Joined: 23-Aug-2006
Posts: 107
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Posted: 2012-06-18 13:29
Dave, if this company is based outside the UK, you would have little or no recourse.
If it is pool related and based in the UK then you would be able to deal with the matter through the courts. However, the costs involved would be prohibitive.
With regret, I am afraid you will probably have to live with it!!
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