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Thread: Domain/Trademark infringement

  1. #1
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    Domain/Trademark infringement

    While doing a "link:" search on a competitors site - "www.e-qualityfoods.co.uk" I discovered that they have registered a domain name which is a version of my own which is a duplicate site of their own ie a mirror site of "www.equalityfoods.com".

    To clarify, my site is http://www.natco-online.com and they have registered www.natcoonline.com ie minus the hyphen.

    Natco is an international trademark and is heavily protected so they are blatanty infringing the trademark by using the trademarked name within their url without permission.

    Natco Online has been trading for 3 years and has a prior claim to this trading identity.

    Can anyone tell me what the Google view is on this type of cheap trick ie passing off your own site as a competitors?

  2. #2
    Senior Member vwebworld's Avatar
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    Search on "anti-cybersquatting". There is a US law
    against this practice.

    Some actions people take are:

    Send a cease and desist letter http://www.keytlaw.com/urls/c&d.htm

    Notify the web host & domain provider

    Get an attorney.

    etc...

    ~Roland

  3. #3
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    Thanks for your reply Roland, I am aware of all the usual legal issues surrounding this - they have been sent a desist letter and their domain name/host has been informed - I am particularly interested to find out if there is also a Google angle to this - can I get them banned for deliberately infringing my trademark/using a dupe content site etc? The original site "www.e-qualitryfoods.co.uk" advertises on Google Adwords heavily for instance. Surely Google does not want to list companies that carry out this kind of practice in their SERPS?

    Any views anyone?

  4. #4
    Senior Member vwebworld's Avatar
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    You should inform Google and Yahoo.

    In a similar case one of my web clients was successful in getting yahoo to drop the site.

    ~Roland

  5. #5
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    I am particularly interested to find out if there is also a Google angle to this
    There isn't any--the search engines don't really care about it unless it qualifies for the DMCA. It's not a copyright issue but a domain name issue. The search engines themselves don't care and nor should you bother them.

    Contact your lawyer and send a cease and desist letter to the competitor telling them to turn the domain name over to you. If they don't, then file with ICANN, following the UDRP.
    Follow me on Twitter, I'm bhartzer or like my page on Facebook.

  6. #6
    Senior Member clasione's Avatar
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    There isn't any--the search engines don't really care about it unless it qualifies for the DMCA. It's not a copyright issue but a domain name issue. The search engines themselves don't care and nor should you bother them.

    Contact your lawyer and send a cease and desist letter to the competitor telling them to turn the domain name over to you. If they don't, then file with ICANN, following the UDRP.[/quote]

    I agree - follow those above suggestions and you should be able to resolve the issue... Sometimes you actually do have to send the letter and follow through to get it to work, but it is necessary...
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  7. #7
    WebProWorld MVP dburdon's Avatar
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    Trademark infringement

    Spiceboy,

    I think the previous posters are confusing copyright and trademark law. Copyright concerns theft and misuse of an idea, whereas trademark infringement concerns misleading potential customers with "passing off" regarding the provenance of a product or service.

    Under UK jurisdiction, if they are benificiaries in full knowledge of the infringement of your statutory rights under trademark law, Google and Yahoo would be guilty in aiding a "passing off" offence.

    If what you saying about domain registration is correct, then your competitors are acting in a deliberate and systematic manner. They have very little defence.
    Simply Clicks | Simply Clicks | UK Search Blog | Travel Thinking | Smarter Search Marketing

  8. #8
    Senior Member DrTandem1's Avatar
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    Actually, you don't need an attorney. Go to ICANN. You should not attempt to get them banned from Google, as when you are successful via ICANN, I assume you will be awarded their domain name. You will then want traffic to hit it because it will be yours.

    Interesting how they obtained the better URL. Did you use the hyphenated name first and not go after the unhyphenated one?

    A word to all to save yourselves from the hassle of this: Register domain names that are also close to yours to prevent copycats. Especially, for those of you that have used your trademarked name in a URL.
    DrTandem's San Diego Web Page Design, drtandem.com

  9. #9

    Huh?

    "Can anyone tell me what the Google view is on this type of cheap trick"

    What the heck does that mean? Is Google like some type of definitive God or something? Who gives a rats arse what Google thinks? It's a collective of others efforts, and nothing else.

    Use your brain. Thats all I have to say. Sheesh, that was annoying.

  10. #10
    Senior Member DrTandem1's Avatar
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    Re: Huh?

    Quote Originally Posted by IIxxVADERxxII
    "Can anyone tell me what the Google view is on this type of cheap trick"

    What the heck does that mean? Is Google like some type of definitive God or something? Who gives a rats arse what Google thinks? It's a collective of others efforts, and nothing else.

    Use your brain. Thats all I have to say. Sheesh, that was annoying.
    Agreed.
    DrTandem's San Diego Web Page Design, drtandem.com

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