A competitor has bought my .co.uk domain name

[logmein]

Hello

I set up my business 10 years ago and registerd my .com address (didnt bother with the .co.uk) on the 17th August 2007. Its my business name .com (i cant post a URL here)

On the 23rd of August 2007 my competitor purchased the .co.uk of our business name.

I noticed this today.

When I go to the .co.uk address it redirects to my competitors .co.uk address!!!!

My question is.... is this legal, can my competitor do this? Do I have any rights given that they have bought my business name and are nicking my customers? How can I stop this from happening as Im sure that a large amount of people are being redirected.

Regards
Mike.

[WelshTom]

Hello

I set up my business 10 years ago and registerd my .com address (didnt bother with the .co.uk) on the 17th August 2007. Its my business name .com (i cant post a URL here)

On the 23rd of August 2007 my competitor purchased the .co.uk of our business name.

I noticed this today.

When I go to the .co.uk address it redirects to my competitors .co.uk address!!!!

My question is.... is this legal, can my competitor do this? Do I have any rights given that they have bought my business name and are nicking my customers? How can I stop this from happening as Im sure that a large amount of people are being redirected.

Regards
Mike.

Yes, it's 100% legal, unless you have a registered trademark - which is unlikely as they're very expensive

[logmein]

So how do I go about getting my .co.uk back?

[WelshTom]

So how do I go about getting my .co.uk back?

Unfortunately, you can't. They're the legal owners of the domain name, and own all legal rights for it.

[eUKhost.com]

So how do I go about getting my .co.uk back?

You should contact Nominet and see if they can help you to get the domain name. Nominet acts as a mediator for domain disputes and they will help you to get your desired domain name.

[Bryan]

Hello Mike,

After returning from the joyous, enjoying & festive season, this is really a sad news for you at the very beginning of this New Year. At this moment, it is only Nominet - The UK Head Registry who can help you at this time with the ".co.uk " domain.

A .com domain is a First TLD domain that can be registered by anyone from any part of the world however a ".co.uk " domain is a UK TLD domain and is governed by Nominet - The UK Head Registry. Nominet has set their legal policies for registration of UK TLD domains.

Legal type of Registrant Contact :: ( anyone )
================================
01. UK Individual
02. Non-UK Individual ( Representing Self )
03. UK Limited Company
04. UK Public Limited Company
05. UK Partnership
06. UK LLP
07. UK Sole Trader
08. UK Registered Charity
09. UK Industrial/Provident Registered Company
10. UK School
11. Other Foreign
12. UK Government Body
13. UK Corporation by Royal Charter
14. UK Statutory Body FIND
15. UK Entity ( Other )
16. Non-UK Corporation
17. Non-UK Organization ( Other )

Note ::
=====
*UK Limited Company requires an entry in Company identification number
*UK Public Limited Company requires an entry in Company identification number
*UK LLP requires an entry in Company identification number
*UK Registered Charity requires an entry in Company identification number

01. If you have registered your company in UK, then you can simply contact -Nominet, provide them the proof of your company registration and the proof of your domain registration for the .com domain and ask them to help you get the domain ".co.uk ".

02. If your competitor has registered the domain as a UK Individual or Non-UK Individual and is running a company on the same name which is not allowed by Nominet then you can file a complain to Nominet and Nominet will take further actions.

03. If you have the copyrights of your company products and your competitor has exactly copied your products and selling the same products, then you can directly file a case against your competitor and inform Nominet, they would immediately Suspend the Registration of the " .co.uk " domain. You have one more profit in this case, the domain would be suspended unless the results are declared, till then the .co.uk website would be Offline and you would have all the customers to your website.

04. You also have a positive point to file a case as you have registered the domain before your competitor. This may also help you to get the '.co.uk ' domain.

05. You may also contact Nominet directly @ 01865 332244. ( UK Telephone ).


You may view the whois info for the ".co.uk " Domains from the below links ::
================================================== ============

URL :: Nominet UK - Whois Lookup
URL :: Domain Tools: Whois Lookup and Domain Suggestions

Hope, this may help you & Good Luck to you ....

[Ryan]

Hello Mike,

Under the Uniform Domain-Name Dispute Resolution Policy (UDRP), as a complainant you must be able to prove that the domain name was registered or is being used in bad faith. Evidence of bad faith may be found in registrations intended to disrupt a competitor's business.

[logmein]

Thanks for all the responses.

I will be contacting Nominet on Monday and will keep you updated of progress here in due course.

Mike

[seo_company]

If your business name is registered and protected then you can surely confiscate that domain name.

However, if your business name is not protected then you could be in little trouble

[lexsynergy]

It is incorrect to assume that it is 100% legal to register a competitors brand or mark as domain name in the absence of a registered trade mark.

You may be able to rely on your unregistered rights often called “common law rights” or a common law trade mark.

Common law rights arise from the use of that particular mark. Since it is not registered you will have to submit proof of use in order to establish that you have acquired a reputation and goodwill in the mark.

In this case the complainant (you) can rely on the fact that the Respondent clearly set out to attract business intended for you. Such activity can lead to the presumption that the mark, name and business of your company was known to the person registering it. The fact that the person who registered the domain name is a direct competitor in the same field and that the domain name points to the website of the competitor’s business clearly shows it is an Abusive Registration. And a deliberate attempt to disrupt your company’s business.

It may be worth while filing sending a cease and desists and if unsuccessful submit a complaint with Nominet’s DRS (Dispute Resolution Service). This is a relatively inexpensive and efficient procedure.

An insert from the DRS policy is inserted below:
A Respondent must submit to proceedings under the Dispute Resolution Service if a Complainant asserts to us, according to the Procedure, that:
i. The Complainant has Rights in respect of a name or mark which is identical or similar to the Domain Name; and
ii. The Domain Name, in the hands of the Respondent, is an Abusive Registration.
b. The Complainant is required to prove to the Expert that both elements are present on the balance of probabilities.
Abusive Registration means a Domain Name which either:
i. was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the Complainant's Rights; OR
ii. has been used in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights;

If you need any guidance please let us know. Lexsynergy Limited. domains@lexsynergy.com.

[3formed]

What is written above re competitor is legal owner of the domain once purchased isnt correct. See the last post and contact nominet. If this domain name is your company trademark it is legally their responsiblity to return it to you. Even if not, If you follow the ICANN dispute policy you would probably still be able to prove that you have the most legitimate claim to that domain name and that they are using it for. Im no lawyer but sometimes a nasty letter from yours to their company may be enough for them to see sense...