subdomain nicking company name?
Hi all... great forums
I wonder if anyone can shed any light...
A website i did a long time ago has a domain such as the following..
bondy-reclaimed.co.uk (This is an example). The company name is also bondy reclaimed.
Now, a rival reclaimed company has bought the domain .reclaimed.co.uk some time ago. What they're doing is creating subdomains with all rival companies before the .reclaimed bit. So, in my case our site is bondy-reclaimed.co.uk , and the rival site is at bondy.reclaimed.co.uk , obviously a copy of their main site. Now, this domain is obviously VERY similar to our own, with VERY similar products.
Now, i know anyone can register subdomains how they want, but given that the site is selling similar products, AND the fact that they are clearly specifically targeting my sites customers.. can anything be done to ask them to remove the subdomain?
this is the first time i've encountered this.. so are a bit new to it. The company is also doing it for many other reclaimed companies.
Thanks
adi
timjpriebe posted this at 13:21 — 14th February 2007.
He has: 2,667 posts
Joined: Dec 2004
It's highly likely that some sort of legal action could be taken. I've heard of businesses having their lawyers write a cease and desist letter for something like that. There would need to be proof that the company you did the web site for had registered their name in some way. In fact, in the US, they really have to write a cease and desist letter, or they are not taking efforts to protect their trademark, and can therefore legally lose rights to it. The law requires that they protect it.
Of course, I'm no lawyer, and this should not in any way be seen as official legal advice.
Oh, and welcome aboard, Adi. You should go introduce yourself in the Introductions forum.
Tim
http://www.tandswebdesign.com
adiwillow posted this at 16:19 — 14th February 2007.
They have: 3 posts
Joined: Feb 2007
hi ! thanks for the reply.. much appreciated.
Legal action is further down the line, but what i'm thinking is to send an email to the company asking the subdomain to be removed, before legal action is taken. I'd imagine that this, in most circumstances, is enough... hopefully.
I just wanted to check first to make sure ...
Thanks
adi
tobyfrost posted this at 16:30 — 14th February 2007.
He has: 118 posts
Joined: Feb 2007
I think Tim's on the button there - get advice from a trademark legal firm (in the uk i have used motley and hope before). the only issue I can think of that may make them want to fight is if 'bondy' is a descriptive term used in 'reclamation' (if that makes sence) eg. kellogs - cereals is a stronger brand than, say, wholefood - cereals which is a descriptive term as well as (possibly) a brand.
Even if this is the case, if you are an established firm and can prove that the name could be misleading, you have a case to action. (in my opinion, diclaimer etc!)
Toby Frost
Frost Conservatories
frostconservatories.co.uk
adiwillow posted this at 16:55 — 14th February 2007.
They have: 3 posts
Joined: Feb 2007
'bondy' is purely the company name and actually refers to its location (road name) as opposed to a brand name etc. The other company has used it purely to target my customers.
Thanks for the advice.
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