Question:
Hello there.
I sell a small piece of software online and my domain, "abcdef.com" for example.
However, some german company, has the same domain, but has "abcdef.de" and has immediately demanded that I remove the domain name. His is also to do with software, I think
What shall I do?
I am only 16, so I can't go to court or anything.
Answers:
Is software a copy of his, or something very similar?
He cant tell you to remove your domain, only ask you to take data down that might infringe his copyright.
It would be a lot easier if we knew the address, but i understand you might not want to release it.
Answers:
You need to check and see if he has his company "abcdef" registered in the UK, if so and it has been operating longer than your domain then I'm afriad he will be able to take the domain off you.
If you are selling software on your site are you a registered company?
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Hopefully he doesnt have a leg to stand on.
I dont think they do. If they were that concerned, they should have registered all the permitations when they launched.
Mail them back, and say that you'd appreciate it if they closed down their site.
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>and say that you'd appreciate it if they closed down their site<
Also, remind them who won the war!
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>and say that you'd appreciate it if they closed down their site<
Also, remind them who won the war!
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>and say that you'd appreciate it if they closed down their site<
Also, remind them who won the war!
Thats what i told him to to say,
They are his initals so they shouldnt be able to touch him
Answers:
Is software a copy of his, or something very similar?
He cant tell you to remove your domain, only ask you to take data down that might infringe his copyright.
It would be a lot easier if we knew the address, but i understand you might not want to release it.
No, the software is my own.
Answers:
I can think of a couple of things you might want to do which could help your case :
Modify some of your styles on the site to that it looks radically different to the German one.
Offer to link to his site ( with suitable german translation of "looking for ERP/MIS Services , then click here" )
out of professional curiosity , what does your application do that keyfinder by magicaljellybean ( which is free ) doesn't
Answers:
So it appears the .com was registered in February 07. I imagine the German company scans for such things and will claim that your registration is "confusingly similar", according to the ICANN on disputes, to theirs as you both sell s/w. I am zinking you may have to fold on zis one.
Domain Name: K D T S O F T.COM
Updated Date: 05-feb-2007
Creation Date: 05-feb-2007
Expiration Date: 05-feb-2008
Answers:
Thanks everyone.
I'm not going to fold as It'll cost me a lot of money, and why should I if the .com name was availible?
He say he's going to get his "adocate" so I'll wait and see what he has to say.
Thanks again.
Answers:
Many companies do this just to see if they can get the domain. Believe me I've done a lot of websites and had legal action threats from many a company. Basically don't back down, if your a business then sign yourself up in the UK as a business (you should any way for tax puposes), maybe purchase the uk version as well if it's available. He'll back down though or it'll be thrown out by Nominet. The worst thing that can happen is Nominet take the domain name off you but they won't.
One great example is nufc.com and nufc.co.uk . Newcastle United have tried many times to remove nufc.com from the unofficial fans and have failed because they have no right to that domain name at all. You'll be fine don't worry.
Answers:
Many companies do this just to see if they can get the domain. Believe me I've done a lot of websites and had legal action threats from many a company. Basically don't back down, if your a business then sign yourself up in the UK as a business (you should any way for tax puposes), maybe purchase the uk version as well if it's available. He'll back down though or it'll be thrown out by Nominet. The worst thing that can happen is Nominet take the domain name off you but they won't.
One great example is nufc.com and nufc.co.uk . Newcastle United have tried many times to remove nufc.com from the unofficial fans and have failed because they have no right to that domain name at all. You'll be fine don't worry.
Not really sure what the legal requirements are for 16 year old but I'd have though it you were trading under kdt soft then you should definitely register that with the inland revenue at least you have it on record that you do legitimately use the name for business.
Answers:
If you have a geniune reason for having that domain then they have no right to demand you close it down like your name is Kevin David Thompson or somthing if you have a valid reason then they can't touch you.
Should you decided to close the site down you will be able to recover any costs from the company, site design artwork design costs domain registration, transfer fees and hosting etc. This was the solution to the domain squaters buying domains to make profit they imposed the costs recovery so that domains could be transfered to people who have a better claim to the domain.
As the company is basedin Germany they bought the .de domain and they should have bought the .com at the same time it is their fault they didnt. don't baakc down they have no right to demand you close down and hand the domain over.
A mate of mine has/had the domain hardrockbar.co.uk and the Hard rock cafe company demanded that he handed over the domain, go to the site and have a look he has it redirected and the letter he received posted. I know he fought and I am not sure of the outcome but the hard rock closed their "hard rock bar in the UK so they proberbly folded. I am seeing him this weekend I will ask him what the outcome was.
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I agree with Little John and the majority of the posts, if it was me there's no way I'd back down. They'd have to make a request to ICANN and I'm sure they'd lose as they would be able to prove that you were pretending to be them.
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If the domain name isn't of too much importance to you (only been registered since January) you could offer to sell it to the German Co. and register another.
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If the domain name isn't of too much importance to you (only been registered since January) you could offer to sell it to the German Co. and register another.
Unfortunately, it is very important to me, as that is where all the links point to in order to buy the software. I can't change this.
Answers:
Thanks again.
Some of the posts mention that I should register my company. How would I go about doing this, and how much will it cost.
How much would be tax free? Would it be worth it?
Answers:
phone number for newly self employed is 08459 15 45 15. They're very helpful and can advise on what is the best for you to do in terms of tax. Even if it's part time, they'll take down your business name if you have one as part of registration. Doesn't cost anything. I think registering it separately with companieshouse (excluding limited companies) does cost but not much.
Edit: I know you don't need to register a business name, as a company name and hence incorporation wouldn't be appropriate. I'm not sure if there is a national business name register.
Answers:
National Business Register, you can voluntarily register your business name here. Costs £70 for full search and registration for one year. Not sure if annual renewal is same amount or less.