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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 01-08-2011, 04:31:37 PM     #21 (permalink)
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Originally Posted by seanc View Post
there are probably half a dozen small images being used before you go into the amazon store - these are hardly copyright images
Where did you get them from?

Has the hosting company stated who the plaintif is?

It could be that this is related to the small images and not the domain name. Unless you bought the images or they are royalty-free, the rights holder may have claimed copyright infringement.

Just a thought.
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Old 01-08-2011, 04:31:41 PM     #22 (permalink)

 
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Originally Posted by seanc View Post
yes - its the only items i sell on the store

this is just an example domain name:
bmw-seats.co.uk

im selling bmw seats from amazon - nothing else
So basically it would probably be classed as a passing off case based on the domain in use, in which case DRS would not be irrelevant but then neither would court. I guess you won't know in full unless you contact the conpany that's complained. Personally, if that's a close example that you posted I'd walk away very quietly.

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Old 01-08-2011, 04:33:13 PM     #23 (permalink)

 
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Quote:
Originally Posted by seanc View Post
there are probably half a dozen small images being used before you go into the amazon store - these are hardly copyright images (if they are then i would be very surprised !! and would be happy to change them if i knew as there are a million others i can use)
That could be it then, if the domain is as close to the bone as the example you posted though I'd guess it's more likely to be that though.

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Old 01-08-2011, 04:44:41 PM     #24 (permalink)

 
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the host is not quite sure what the issue is..

LOL

my problem with this is;
shouldn't the host wait for a solicitor / lawyers letter before they suspend an account? or does their T&C give them the right to do this when ever they wish?
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Old 01-08-2011, 04:57:10 PM     #25 (permalink)

 
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There will no doubt be something in the T&Cs - I doubt it covers suspending your account for reasons unclear to themselves though!!

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Old 01-08-2011, 05:26:01 PM     #26 (permalink)

 
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it is an image issue, but all images appear to come from amazon.

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Old 02-08-2011, 02:33:49 AM     #27 (permalink)

 
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When I was in hosting, the money most clients pay isn't worth the smell of legal issues so we just booted them based on common sense and T&C.

Client Pays 200 a year, cost to you is say 50+ Support time, and having your solicitor answering a single non-research letter 75+Vat, means it just ain't worth it. So suspend the site, tell the client pointing out the relevant part of your TOS.

If the claim was blatant bull we'd alert the client and direct the complainant to legal advice, but if it was plausible hot spud time.

I guess most of this is a Win by Attrition really.
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Old 02-08-2011, 11:48:30 PM     #28 (permalink)

 
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Most will suspend a hosting if they get a letter on headed paper…? They don’t bother if it’s genuine,

If you make a request for information prepare for data protection , possible legal implication bull etc, Have had this happen many time one particular company did this to us 4 times in around 9 mths iT was not till we got are owner server and they sent same to us we realised they had absolutly no claim and were infact competition… If they had genuine case most go DRS/Domain owner direct etc , Had it used to try and build a case (DRS )that a company should own a name, removed by host infringement tripe etc , Truth is they just didn’t want too get involved in any thing legal at all, Very few have specific legal departments to deal with issues, in most cases what’s paid for hosting wouldn’t warrant it, If its not an infringement just find another host

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Old 04-08-2011, 09:02:54 PM     #29 (permalink)
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