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Competitor using our .ie domain name

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  • 05-08-2016 3:58pm
    #1
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭


    Just bought a company.

    The company has no website, but we are setting one up. It turns out a local competitor has got our website.ie domain name.

    it is www.ourname.ie

    it is a one page website, with phone number details and one click option, which when you click, you get brought to their website. of a totally different name

    whats even more gauling, is the scoundrels are telling everyone in the local business, that we have no gone out of business and they have taken over.

    forget about them telling tales, but is there anyway I can get our website back? I though .ie websites were supposed to be very strict on giving only the website to whoever owned the company?


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    #2
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    They would have needed to be able to make some form of valid claim on the domain to be able to register it or at least that should be the case. You could try contacting IEDR (complaints@iedr.ie) regarding the decision to issue them the URL and show your claim to it.

    Very strange for them to be telling people they have taken over surely it will look bad when it becomes apparent that clearly isn't the case?


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    #3
    mahoganygas
    Closed Accounts Posts: 1,488 ✭✭✭mahoganygas


    Seve OB wrote:
    Just bought a company.

    How was this not the first thing you checked when buying the company?


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    #4
    MeatTwoVeg
    Banned (with Prison Access) Posts: 861 ✭✭✭MeatTwoVeg


    mahoganygas wrote:
    How was this not the first thing you checked when buying the company?


    So OP should invent a time machine? Useful suggestion.


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    #5
    mrawkward
    Registered Users Posts: 498 ✭✭mrawkward


    MeatTwoVeg wrote: »
    So OP should invent a time machine? Useful suggestion.

    This the most basic commercial due dilligence that you can even do yourself. However it is what it is and the task at hand is to stop them misrepresening OP/themselves. Cease and desist letter from a solicitor in addition to domain register complaint.


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    #6
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    mahoganygas wrote: »
    How was this not the first thing you checked when buying the company?
    mahoganygas wrote: »
    How was this not the first thing you checked when buying the company?

    Of course we checked it. We have secured .com a couple of months ago but only closed deal last week so now it is ours.

    Are you suggesting we should not have gone ahead with the deal because someone else had control of the website?

    :rolleyes:


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    #7
    jimmii
    Registered Users Posts: 14,810 ✭✭✭✭jimmii


    Seve OB wrote: »
    Of course we checked it. We have secured .com a couple of months ago but only closed deal last week so now it is ours.

    Are you suggesting we should not have gone ahead with the deal because someone else had control of the website?

    :rolleyes:

    Its just some random new account going round posting on random things they likely have no idea about.


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    #8
    elastico
    Closed Accounts Posts: 4,592 ✭✭✭elastico


    Seve OB wrote: »
    Of course we checked it. We have secured .com a couple of months ago but only closed deal last week so now it is ours.

    Are you suggesting we should not have gone ahead with the deal because someone else had control of the website?

    :rolleyes:

    How long have they had control of the domain name?

    Did you know, when negotiating your purchase, that the domain name was not included?


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    #9
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    elastico wrote: »
    How long have they had control of the domain name?

    Did you know, when negotiating your purchase, that the domain name was not included?

    Don't know and yes.

    What has that got to do with my questions?


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    #10
    ironclaw
    Registered Users Posts: 8,004 ✭✭✭ironclaw


    I wish you the best of luck with IEDR, they wouldn't honor a domain when we had a clear business requirement for it e.g. Registered business, trading etc. We even proved the owner tried to sell it, against IEDR regulations, and they didn't help.

    Great agency with good regulation, little enforcement however.


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    #11
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Did the company you purchased operate under that .ie domain name when you bought it?


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    #12
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    smash wrote: »
    Did the company you purchased operate under that .ie domain name when you bought it?

    no. they had no website before


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    #13
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Seve OB wrote: »
    no. they had no website before

    Well before you bought the company that you bought, did the current owners of the .ie operate under that domain.


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    #14
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    smash wrote: »
    Well before you bought the company that you bought, did the current owners of the .ie operate under that domain.

    yes. I thought I made all that pretty clear earlier on

    although, not that they operate anything on the website, it just has a click one button, which redirects you to their website of a totally different name


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    #15
    mrawkward
    Registered Users Posts: 498 ✭✭mrawkward


    what have you done so far?


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    #16
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Seve OB wrote: »
    yes. I thought I made all that pretty clear earlier on

    although, not that they operate anything on the website, it just has a click one button, which redirects you to their website of a totally different name

    Well no, you said "It turns out a local competitor has got our website.ie domain name" when the truth is that they always had the domain name and always used it disregarding if it's a one page website or not. If this is the case then they clearly had a right to the domain and have been using it legitimately.

    Bear in mind it costs only €20 to register a business name in order to obtain a .ie domain. A business will also have the right to register a .ie domain if it's a phrase that relates to their business. Hell, I've even successfully registered .ie domains for not-for-profit hobby websites without having any related registered business name.


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    #17
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    mrawkward wrote: »
    what have you done so far?

    Not much. Some searches on the web, discussions with my colleagues on a plan of action. I can't and won't do anything without laying out a plan of action first and want to get as much information as possible first before we jump to quick and make mistakes. I called IEDR and they have told me to send them an email and they will look into it.
    smash wrote: »
    Well no, you said "It turns out a local competitor has got our website.ie domain name" when the truth is that they always had the domain name and always used it disregarding if it's a one page website or not. If this is the case then they clearly had a right to the domain and have been using it legitimately.

    Bear in mind it costs only €20 to register a business name in order to obtain a .ie domain. A business will also have the right to register a .ie domain if it's a phrase that relates to their business. Hell, I've even successfully registered .ie domains for not-for-profit hobby websites without having any related registered business name.

    I've checked. They have it for 3 years. They don't have any business name registered. They are not a company. They are a sole trader operating themselves under a completely different name.

    I appreciate they have control of it and it will be hard to convince anyone they don't deserve it, but I won't lie down and roll over without a fight :D


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    #18
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Seve OB wrote: »
    I've checked. They have it for 3 years. They don't have any business name registered. They are not a company. They are a sole trader operating themselves under a completely different name.
    It is a term or phrase that relates to their business offerings?


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    #19
    GerardKeating
    Registered Users Posts: 7,661 ✭✭✭GerardKeating


    Seve OB wrote: »
    Just bought a company.

    The company has no website, but we are setting one up. It turns out a local competitor has got our website.ie domain name.

    Seve OB wrote: »
    I've checked. They have it for 3 years. They don't have any business name registered. They are not a company. They are a sole trader operating themselves under a completely different name.

    So it's more like your company is using their name ???


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    #20
    elastico
    Closed Accounts Posts: 4,592 ✭✭✭elastico


    Seve OB wrote: »
    Don't know and yes.

    What has that got to do with my questions?

    Your original post stated somebody is using "our" domain name when in fact that's not the case.

    I don't know what you can do to be honest, apart from offer to buy it from them. They own it and are entitled to use it as they choose.


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    #21
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    GerardKeating wrote: »
    So it's more like your company is using their name ???

    No. Our company is going over 20 years and the name is well known. I have already pointed out, they have a completely different company name. they have control of a website with our company name.ie which redirects traffic to their website of different name. :rolleyes:


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    #22
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    elastico wrote: »
    Your original post stated somebody is using "our" domain name when in fact that's not the case.

    I don't know what you can do to be honest, apart from offer to buy it from them. They own it and are entitled to use it as they choose.

    I think my original post was quite clear in spelling out the situation. Yes they own the website. No it is not our website. Yes they are using our name.

    They are not allowed to sell it.


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    #23
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    So I'll ask again.... It the domain name a term or phrase that relates to their business offerings?


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    #24
    mrawkward
    Registered Users Posts: 498 ✭✭mrawkward


    Seems like a straight case of "passing off" irrespective of domain name ownership. One for the leagle eagles, as I earlier advised.

    See this http://smallbusinesslawireland.com/tag/passing-off/


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    #25
    FAILSAFE 00
    Registered Users Posts: 5,419 ✭✭✭FAILSAFE 00


    Open a dispute with iedr and seek legal advice.


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    #26
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    mrawkward wrote: »
    Seems like a straight case of "passing off" irrespective of domain name ownership. One for the leagle eagles, as I earlier advised.

    See this http://smallbusinesslawireland.com/tag/passing-off/

    Thanks for this. Looks like an interesting read.

    Why is everyone else so hell bent on following in your namesake and being awkward. I simply came on asking here in the hope I might get a bit of helpful advice and most of the responses have been pretty petty.


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    #27
    Atlantic Dawn
    Registered Users Posts: 82,687 ✭✭✭✭Atlantic Dawn
    M


    Is your company name actually registered to your business and this exactly matches the .ie domain name they are using?
    If your business was called a generic term lets say Carparts and they had the domain carparts.ie it would be very difficult to argue that you had exclusive use of the term in the country.


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    #28
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    Atlantic Dawn wrote: »
    Is your company name actually registered to your business and this exactly matches the .ie domain name they are using?

    yes


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    #29
    dbran
    Registered Users Posts: 2,094 ✭✭✭dbran


    Hi

    Registering a .ie domain name is on a first come first served basis. It does not matter if you are in business 20 years and they are just newcomers.You say they are a competitor of yours and therefore are probably operating in your industry. So it follows that that they more then likely have a legitimate claim to the name that you want. In that case there is not a lot you can do.

    You could try and prove that they took the name in bad faith but that will be a very long drawn out process and may be very difficult to prove not to mention expensive. They are clearly using it as a re-direct so this is unlikely to succeed.

    You could also sue them if you believe they are attempting to pass themselves off as you but again, an expensive, long drawn out and a difficult process. You will easily see a few €1000 go by in legal fees without anything to show for it.

    So, your only option is to take stock of what online presence that you do have. How can you make it a better offering then your rivals. How can you make it rank higher in the search engines?

    Otherwise this bird has flown I am afraid.

    dbran


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    #30
    Seve OB
    Registered Users Posts: 15,991 ✭✭✭✭Seve OB


    dbran wrote: »
    Hi

    Registering a .ie domain name is on a first come first served basis. It does not matter if you are in business 20 years and they are just newcomers.You say they are a competitor of yours and therefore are probably operating in your industry. So it follows that that they more then likely have a legitimate claim to the name that you want. In that case there is not a lot you can do.

    You could try and prove that they took the name in bad faith but that will be a very long drawn out process and may be very difficult to prove not to mention expensive. They are clearly using it as a re-direct so this is unlikely to succeed.

    You could also sue them if you believe they are attempting to pass themselves off as you but again, an expensive, long drawn out and a difficult process. You will easily see a few €1000 go by in legal fees without anything to show for it.

    So, your only option is to take stock of what online presence that you do have. How can you make it a better offering then your rivals. How can you make it rank higher in the search engines?

    Otherwise this bird has flown I am afraid.

    dbran


    thank you. good constructive answer. I totally see what you are saying regarding industry, but the website is more company name specific than industry.

    Obviously I don't want to give names away here or anything, but I will start a dispute process with IEDR soon and update on any results.

    Thanks for the information


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    #31
    Mumha
    Registered Users Posts: 1,245 ✭✭✭Mumha


    Seve OB wrote: »
    thank you. good constructive answer. I totally see what you are saying regarding industry, but the website is more company name specific than industry.

    Obviously I don't want to give names away here or anything, but I will start a dispute process with IEDR soon and update on any results.

    Thanks for the information

    If you get nowhere, and is a continued cause for irritation, would it not be worth a name change of the company where you can secure .ie & .com ? Maybe a similar name even....


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