Domain dispute and protection

[freetutes]

I recently got an email from a Domain registration company which provides international TLD registrations. Following is the copy of the email.

"We are a domain name registration service company in China. Yesterday we received a formal application submited by Mr. Steven Lee who wanted to use the keyword "freetutes" to register the Internet Brand and with suffix such as .cn/.com.cn/.net.cn/.hk/.asia/ domain names. After our initial examination, we found that these domain names to be applied for registration are same as your domain name and trademark. We don’t know whether you have any relation with Mr.Steven Lee. Because these domain names would produce possible dispute, now we have hold down the registration of Mr.Steven Lee, but if we do not get your company’s any reply in the next 5 working days, we will approve this application soon. In order to handle this issue better, Please contact us by fax or email as soon as possible."


I replied them claiming I own the internet brand "freetutes" and cannot let anybody else to register it. Then I got a reply for my response. Following is the copy of the email.


"Thanks for your prompt reply.As far as we know, Mr.steven Lee want to apply for the following names:

freetutes.cn
freetutes.com.cn
freetutes.asia
freetutes.net.cn
freetutes.org.cn

And Internet Brand "freetutes ".

You would know domain name takes open registration, this is international domain name registration principle. So Mr.Steven Lee has right to register it.
If you think his registration will confuse your clients and harm your profits, we can send an application document to you and help you protect these domains within our approving period. This is a better way to prevent domain name dispute. If you think his application will not affect your company, you can give up, we will finish his registration. Hope get your decision as soon as possible so that we can handle the next step."

What am I supposed to do in this situation? I thought according to http://www.uspto.gov/go/tac/doc/basic/register.htm registration of my mark is not required and I will have no problems with the trade mark "freetutes".

Please share your ideas and advice me what action to take.

[wige]

Its a scam.

[chadhaajay]

Yes, I think its s SCAM. You need not to do anything!

[cocofried]

Domain name registration history - HOW TO FIND MY DOMAIN HISTORY?

A company in NY is trying to hassle us for using NuHair.net telling us that registered the name NuHair in early 1999. WE have been hosting with GODADDY since late 1999 and the information is listed at WHOIS.

I do not have a problem using the name NuHair since our company is registered in 2 states before 1986.

My problem is “How to find my domain name history before GODADDY dates?”
I lost my old registration information and where I hosted it before 1999 and my original domain name registration date and where. I remember that it was not done directly through Icann, but through some Australian company.

I checked WHOIS and it only shows GODADDY’s information where I started to host with them in late 1999. I had it hosted in another location and I lost all the information on the hosting and name registration…

I found on one location that it was hosted since 1997 but it does not give any more info.

Any suggestion how to find my old information??
Thank you for your help.

[cw1865]

Call GoDaddy, explain the situation and see if they have an account history showing your registration.

[cocofried]

Here is the replay from GODADDY:

According to a whois look up, the original registration date for the domain NUHAIR.NET is 11/8/1999. Unfortunately, we are unable to provide information on who was the previous registrar for this domain. We apologize for any inconvenience.

It is a shame that every one is trying to protect himself and leave you on the street.

Not much help from GODADDY even though I have been with them 10 years now...

[wige]

Unfortunately, there aren't really many places that archive whois information. The one place I know of (domaintools.com) only has records going back to 2004 for your domain. If you transferred the domain to godaddy from another registrar, I'd be surprised if they don't have that information. Although, almost a decade later...

Not that it really matters. As long as you can establish a reasonable claim to the name, such as having a company that was registered under the name in question before there was an Internet, you shouldn't have any problems (talk to a lawyer to confirm this though). Generally I believe the rule has been that if two companies have the same name, domain names are on a first come-first served basis.

[cocofried]

Thank you WIGE

I did call GODADDY they confirmed that my site was 1st registered on Nov 1999. ( I thought ist was a few uears back..)

You are right on the subject of who owns the domain name.
"Not that it really matters. As long as you can establish a reasonable claim to the name, such as having a company that was registered under the name in question before there was an Internet, you shouldn't have any problems (talk to a lawyer to confirm this though). Generally I believe the rule has been that if two companies have the same name, domain names are on a first come-first served basis."

I am talking to a lawyer friend and he will write a letter to the company in question...We have been using the name Nu Hair years before this company jumped on our creative name!!!

BIG THANK YOU
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