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I want to get a host to remove a website....

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  • 05-07-2011 6:27pm
    #1
    simonslife
    Registered Users Posts: 19 ✭


    I am the owner of XYZ Ltd that has been incorporated since 2000. I have this name (obviously not XYZ) trademarked. Another organisation in the same field has been "trading as" with the same name since 2005. How can I compel the host to shut down the website? Even if I got a Court order, I am not sure how I would enforce it technically. The organisation in question will not reply to any letters. Is there a complaints body for internet breachs of trademark?

    Any help would be most appreciated....
    Tagged:


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    #2
    jmcc
    Registered Users Posts: 7,410 ✭✭✭jmcc


    simonslife wrote: »
    I am the owner of XYZ Ltd that has been incorporated since 2000. I have this name (obviously not XYZ) trademarked. Another organisation in the same field has been "trading as" with the same name since 2005. How can I compel the host to shut down the website? Even if I got a Court order, I am not sure how I would enforce it technically. The organisation in question will not reply to any letters. Is there a complaints body for internet breachs of trademark?

    Any help would be most appreciated....
    1. Are they in the same jurisdiction/country as your company?

    2. In what TLD (.ie/.com etc) is the domain name of the other website?

    Regards...jmcc


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    #3
    Trashbat
    Closed Accounts Posts: 489 ✭✭Trashbat


    If someone is using your protected name int he same jurisdiction, you have more problems than their website. I'd seek legal advice.


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    #4
    simonslife
    Registered Users Posts: 19 ✭simonslife


    Hi jmcc,

    Our domain is .ie and they have .net. They are indeed in the same jurisdiction/country (ROI).


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    #5
    Kinetic^
    Closed Accounts Posts: 13,249 ✭✭✭✭Kinetic^


    Solicitor is the way to go, preferably someone with intellectual property experience.


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    #6
    jmcc
    Registered Users Posts: 7,410 ✭✭✭jmcc


    simonslife wrote: »
    Hi jmcc,

    Our domain is .ie and they have .net. They are indeed in the same jurisdiction/country (ROI).
    The best thing to do would be to seek legal advice as you have to protect your trademark. The other important thing is the registration dates of the domains. If the .net was registered before the .ie, then it might be possible for the .net owner to claim that he registered it in good faith. However there is a dispute policy for domains that infringe on trademarks.

    http://www.icann.org/en/udrp/udrp.htm

    This process can be costly and it might be better to try discuss it first with the .net owner. There are other possibile legal solutions given that you have a trademark and the other party is in the same jurisdiction.

    Regards...jmcc


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    #7
    mneylon
    Registered Users Posts: 7,739 ✭✭✭mneylon


    As a hosting provider we wouldn't shutdown a website based on this sort of dispute unless we were compelled to do so by court.

    As jmcc said there are dispute mechanisms open to you, such as the UDRP. However trademark law is quite complicated and unless the other entity is in the same industry ie. targetting the same client base etc., and the name used is unique ie. not a generic term, then it's not going to be clearcut.

    In any case you should seek legal advice preferably with a law firm that works in the area of trademark law and understands domains and the internet (unfortunately a lot of the Irish law firms don't have much experience in the area)

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    #8
    pingpipe
    Registered Users Posts: 30 ✭pingpipe


    Find out where their hosting provider's servers are located. If they are hosted from a datacenter in the US, for instance, you can enter a DMCA (Digital Millenium Copyright Act) complaint with their provider. As long as you enter the complaint in the proper format, their hosting provider is obligated to follow up on it. Also check their hosting provider's Terms of Service, many times they will include the steps that need to be taken in such cases.


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