DRS Advice

[spiderspider]

Before I complain to Nominet, just need confirmation, that DRS is correct course of action for this situation. I think its worthy, but just want to make sure that it will class as passing off.

Some *expletive* has registered a hyphenated version of one of our company names, and set up a website on it (local trade). Would love to go knock their door, in full branded uniform and ask them what the hell they think they are doing, but unfortunately, they are at the other end of the country to us.

Company is 2 words, related to the service, but not exactly 'generic'. Don't want to give exact details, but think of a plumbers (its not) called waterdoctors (its not) and you get the idea, generic, but not at the same time.

They have also copied our logo (one we had designed) and are using this in various places online. I've today requested they take this down immediately, just waiting to see what happens.

Our registration outdates theirs. We're in the web archive, they're not

They are trading in the same trade as us, using our logo, with a hyphenated version of our name. Is that sufficient to DRS?

Thanks

 

[Adam H]

Most hosts even UK based honour DMCA take downs, Copied logo is enough I would imagine and they will be required to reply with in 24 hours to prevent the site being taken offline.

In regards to the DRS........I'm not experienced enough to advise im afraid but im sure someone will chip in.

 

[atlas]

I'd get a solicitor to send them a letter before launching a DRS.

 

[DomainManage]

You've probably done it, but make sure you screenshot and document everything they've done.

 

[ian]

If you have a trademark too, such as against the name or logo, report to IPO; they will take it very seriously.

 

[spiderspider]

I'd get a solicitor to send them a letter before launching a DRS.

I was able to contact them via email, and got home address from whois.
There response was the typical 'I paid a designer loads of money to buy the domain, design a site and submit our Yell listing.....' The site is one page. No mention of the FB or other presence.
That makes me think that a solicitors letter would be useless, and they would be burying their head in the sand if we did. Otherwise I would have done so

You've probably done it, but make sure you screenshot and document everything they've done.

Yup, all done

If you have a trademark too, such as against the name or logo, report to IPO; they will take it very seriously.

Horribly, it is one of the few that isn't Its on the list of ones to do, so will be submitted Monday without fail.

Most hosts even UK based honour DMCA take downs, Copied logo is enough I would imagine and they will be required to reply with in 24 hours to prevent the site being taken offline.

I've submitted a DMCA with Google, and FB have removed most but not all of the details. Have a few others still to hit. I didn't think of the hosts (123 ), so can hit that Monday

Thanks All

 

[martin-s]

Why stop at DRS? This is a classic case of passing off and you've got every right to sue them.

 

[Edwin]

Lots of good advice on this thread. If you attack simultaneously from multiple angles, it may sink in that A) you're serious, B) it's a big deal, and C) you're not going to give up.

BTW if you check the MX records of their domain, you may find someone else is hosting their email than their website host ie yet another counterpart to file a complaint with.

Also, not sure how Trading Standards stand on passing off attempts - you might be able to make a case that they risk damaging your reputation by association?

 

[Bailey]

I'm not trying to be Negative, but having been retired for many years (at an early age) I've spent quite a bit of time looking and reading about TM's and their scope (not so much about Copyright I admit) it's just part of my interest in Law
1. All the 'Effective' avenues of recourse are very, Very expensive
2. Unless you can show 'Evidence' of Protection - your Pretty Much 'unprotected' Joe Bloggs in the courts.
it's fascinating to try and get your head around the legal aspects - but surprisingly in the end much of it makes for very good sense. (apart from the odd Judgements that go out on the limb) I'm just wondering if you can prove anything that would take you (and be worthwhile) to litigation
Without any of us knowing the full ins and outs it's too easy for commentators to prompt your own (understandable) anger from the sidelines

 

[Adam H]

"Sometimes" you don't need to prove anything or endure huge costs, you just need to make enough noise so it scares the other party a little. Solicitors letter and some take down notices is often enough to scare most people unless they know what they are doing or they know they are in the right and willing to fight.

 

[Bailey]

I agree Adam - I was trying to look at it from the angle of 'Infringement' which I'm not sure has been made clear.
I'm assuming there's a loss to the Complainant. (or passing off) to make a complaint

 

[spiderspider]

Quick update to this.

Thanks for all the help and advice. We did think about suing the individual, but they have nothing, so that would be pointless, and I don't want £5 a week for the next god knows how many years if we won anything substantial.

We then looked again at the DRS, and decided that yes we can, but there is more than one way to skin a cat.......

Firstly, we went to Facebook,and complained about our logo being used. They removed it right away, then came back and said did you not want this page removed as well? We didn't include the page link in the original request, so replied back to the email, and this guy was blasted form Facebook in less than a hour.

Google were a PITA. Eventually, after doing the DCMA request twice, they still couldn't get that the other person had registered the hyphenated version, and copied us. They then said they would do nothing on this occasion, which was OK, as by that time we'd got onto the hosts.

The hosts were IX web hosting.What a nightmare they were! Went on their site, nothing there to highlight what I needed to do, so sent an email to their advertised info@ address. This then had an auto reply saying 'we didn't recognise your email, please create an account and submit a ticket'.
So I created an account, and tried to submit a ticket, it didn't work saying I had forbidden html or java in my text.
On with support, they said remove this and that....... blah blah blah...... 20mins later they say create txt doc and attach to ticket. Finally it went through!
2 days later get an email form their legal team, saying thank you for contacting us, please write back with this paragraph, and that paragraph in your text.
So we did............ and their hosting was closed down

Yell have decided not to answer 5 emails (other than normal auto responses). However, I have a friend who works with them on other things, who knows who to direct emails to, so will do that.

We now have the URL being monitored and set alerts to see if they choose to try anything else. I don't think they will, as we successfully removed their online presence. If they do come back, then we will take it to court first. Having kept record of all the above, we can prove what we've already done.

Thanks again