Is this domain cybersquating?

[milivanili]

For example ... you have a website named gaydemon.com and somebody registers gaydemons.com?

What can one do? Or should I have registered all extensions of my domain? The content on the site in question is similiar to content on mine...

[gaydemon]

I think its possible to persue them to get the domain back. If your site been around for longer you should be able to claim the domain. I've never tried it though.

You got to ask yourself if its worth doing anything about it. If the domain or site is taking your traffic and actually starts to ranks high in search engines then yes you should do something about it.

But if it has no real affect, then it might not be worth it. You will just end up either paying the owners or a lawyer to claim the domain.

If for example the owners of gaydemons.com would start to use it for anything related to what I do, I would sue them and probably try and either get the domain back or claim loss of income. I own the trademark rights for gaydemon so it would be quite easy i think. But again I doubt I would get much out of it.

[gaybucks_chip]

There's actually a relatively simple procedure for disputing a domain name registered in bad faith that's infringing on an existing name. You file a formal complaint and pay a fine and submit documentation. The other party also submits, and the facts are reviwed by an ICANN-appointed arbiter.

In most cases, if the cybersquatting is obvious, the squatter loses the domain. I'm confident that something like gaydemons.com would be one that would be won easily.

The ICANN procedure is a LOT less expensive -- and faster -- than the normal legal system.

[ChadKnowsLaw]

That would most likely be cybersquatting. There are a lot of factors to evaluate, but generally look at whether the domain is capitalizing on YOUR name recognition. If there was a night club called Gay Demons that has been around since the early 1990's, they would have a good case to retain the domain. If the gaydemons domain was just resolving to a link site, then most likely you could take the domain. Having a registered trademark HELPS but it is NOT required. There are NO clear-cut rules or guidelines in cybersquatting!

The filing fee to have your case arbitrated starts around $1400 USD, and a bit north of that for EU domains. At attorney will charge you around $6000-$10,000 USD on top of that. If you are serious about it, definitely do not try it without having a lawyer prepare the case. If you have never prepared a lawsuit before you don't want to practice on a domain dispute case because you basically get one shot at it, and if you don't make a good case you can lose a winnable argument. So far every domain I have gone after I have won 666

[AnthonyDeAngelo]

the name game is a funny thing - I just got my domain recently - someone had AnthonyDeAngelo.com and for years and years, was using to make money for themselves... however, I just recently asked for my name domain and they gave it to me - I guess my name wasn't paying off for them anymore or they were just being nice or whatever...

Cam's just gone through the same - he got CameronCruise.net - unfortunately, there's still a disagreement over the .com which they want to charge 1500 for - maybe we'll go after the domain based on some of the advice given here

I mean come on, when someone is using an established person's name (company, product or celebrity) to profit from... they're hijacking or cybersquating - great word - thanks folks!

just one more thing to do - jeeeez! - its all such a huge waste of time!

[abostonboy]

Cam's just gone through the same - he got CameronCruise.net - unfortunately, there's still a disagreement over the .com which they want to charge 1500 for - maybe we'll go after the domain based on some of the advice given here


That one maybe tough...

Besides being the name of another porn star, there is also this one...

"Cameron Cruise has worked with some of the most brilliant legal minds in the United States at the Ninth Circuit Court of Appeals. A lawyer turned writer, she has lived throughout the world, and has a special interest in the paranormal traditions of different cultures. She speaks five languages and currently lives at the beach with three Rhodesian ridgebacks and a beagle."

http://www.fantasticfiction.co.uk/c/cameron-cruise/

[basschick]

and a female porn chick named cameron cruise
http://www.freeones.com/html/c_links/Cameron_Cruise/

[AnthonyDeAngelo]

We have the paperback by Cameron Cruise but didn't know about the circuit court of appeals! gosh Cam's been busy...

I know that my Cam was on film before the female hit the scene...

maybe they can settle this in PPV mud wrestling event and Cam can fuck Cameron and then she can use a strap on to finish him off...

oh god - he's screaming at me now - I've got to go!

oh I know, we'll get a blessing from the Pope along with an excommunication of the other Cameron Cruises - that will work - and I'll work my voodoo dolls

[ChadKnowsLaw]

The lawyer named Cameron Cruise would be able to register and keep that domain, but a webmaster who registered it (even if done years ago) who was sending traffic to BareBackMasters or competitors would probably lose. It is a multi-variable formula and lacks clear boundaries.