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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 10-12-2010, 12:18:01 AM     #1 (permalink)
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This seems wrong, What should I do?

Just a little background information first.

A new theatre was been built about 500metres away from where I live. I registered the domain with a view to becoming an affiliate for ticket sales, about 6 months after registering the domain I got a call from a big company offering me £500. I said I was not interested upon which I was told to hand it over as they had more money and better lawyers than I could ever afford. This annoyed me and I told them to go away.

The theatre in question opened about 3 months ago and interestingly the same company had been given the contract to run the theatre on behalf of the council (I thought this strange, someone must have know who was going to get this contract a year in advance).

They since approached me and offered £1000, but I said I would rather work with them promoting the theatre and events. I was told this was unacceptable and they would not deal with me.

At this point I should state I have put their phone number and all events link though to their events and ticket sales, I therefore make no money on this although I am considering selling advertising space.

I have actually had the website up and running 18 months before the theatre opened and 15 months before the contractor was appointment to run the theatre.

My Question – not sure what to do.

I have now found this company is approaching all the companies that link to my website and telling them to change the link to their website – is this legal?

This is an extract of the email

The website you are promoting for the XXXXXXXXXX Theatre: xxxxxxxx is incorrect and unofficial, the person running this site has no connection to the xxxxxxxxx Theatre nor the xxxxxxx Theatre Group,

Please can you correct this and change to the official link for the theatre:

many thanks

This seems wrong to me, what should I do?
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Old 10-12-2010, 12:25:14 AM     #2 (permalink)

 
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In my opinion they have enough to DRS you and take the name and all the history of you trying to use the name in relation to their business.

I would take whatever you can from them and walk away asap. It seems you are dealing with inexperienced legal team, if this was a legal team with a knowledge of the DRS, you wouldn't have the name at this moment in time.

So take whatever you can get mate
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Old 10-12-2010, 12:30:11 AM     #3 (permalink)
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jamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to all

but surely

I registered the domain before them (15 months) and they are not the owers of the theatre - the council are, if the council wanted it I would have no choice - this I could except rather than been bullied.
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Old 10-12-2010, 12:34:43 AM     #4 (permalink)

 
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Quote:
Originally Posted by jamesemark View Post
I registered the domain before them (15 months) and they are not the owers of the theatre - the council are, if the council wanted it I would have no choice - this I could except rather than been bullied.
If this company have got no links with the council whatsoever or this theatre i.e to manage it on behalf of the council, then you'll be fine.
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Old 10-12-2010, 12:40:36 AM     #5 (permalink)
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jamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to all

Thanks for your views

Thanks for your views, maybe I should go back to them
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Old 10-12-2010, 12:43:54 AM     #6 (permalink)

 
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Are you getting any visitors to the site, are you earning any cash from it, is anything with the site likely to change i.e traffic up or down in the near future? Just bare these things in mind if thinking of selling it and how much you ask for it. Plus I don't do tickets myself but aparently from listening to people on this forum, it's not a huge commision earner.

Best of luck though
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Old 10-12-2010, 12:45:42 AM     #7 (permalink)
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jamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to alljamesemark is a name known to all

loads of traffic

15,000 per month
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Old 10-12-2010, 01:21:52 AM     #8 (permalink)
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ATG were always one of the preferred options of AVDC, and when finally awarding the contract to manage the theatre, they were happy to go with them.

As the 2nd largest theatre group in the country and one that has transformed and exceeded its deliverables, they were always going to win.

So it made sense for them to try and buy it, good business.

Whereas you heard about it in the press or through planning, and registered it with the sole intent to profit from the name. Good on you for spotting an opportunity.

But if I were you I would sell it, as they will just leave you now and eventually have google push you out altogether.

As for calling your links, I think thats brilliant on their behalf, something I would not have thought about lol

Its a nice website you have, and selling space similar to the ones you have on now look the key.

I would still take the money and run though, as it would be quite easy to win a passing off case against you, and the loss of income they could claim, would be huge multiples of anything you could make.

Aylesbury is a lovely place, sell the domain before they come and get it and you have to move to pay the costs
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Old 10-12-2010, 01:43:55 AM     #9 (permalink)
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If I heard you were setting up "emarketing strategy" and regged emarketing-strategy.co.uk with the aim of passing the leads on... would you be happy?

DRS is one route out, passing off is another!
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Old 10-12-2010, 01:45:30 AM     #10 (permalink)
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Quote:
Originally Posted by Caz View Post
As for calling your links, I think thats brilliant on their behalf, something I would not have thought about lol
I agree, I think the email:


The website you are promoting for the XXXXXXXXXX Theatre: xxxxxxxx is incorrect and unofficial, the person running this site has no connection to the xxxxxxxxx Theatre nor the xxxxxxx Theatre Group,

Please can you correct this and change to the official link for the theatre:

many thanks


Is entirely accurate and I cannot see where the problem is?

I doubt the site would be getting 15,000 uniques without the other entity...!
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