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Got a question... Navigate 123 reg account and CPanel? Looking forward for any answer. Another question... I own a HostGator that was expired and captured by someone else, but I own the copyrights to the name. Is it legal to claim it back when contacting the new /img/avatar7.jpg?..

Comments (28)

Hmm... I need to find out myself. I don't know what is the answer to your question. I'll do some research and get back to you if I find an answer. You should email the people at 123 reg as they probably could give you help..

Comment #1

So slick, why would you go and do that after you were the one that let it expire and drop. Kind dumb, you know what I mean!.

I suspect you will be paying for this domain. I sure as hell wouldn't give it to you!..

Comment #2

Is it legal to get it back since I have the copy right?.

Will I win on court?..

Comment #3

We are not lawyers here. You need to consult a HostGator lawyer with experience of trademark/copyrights..

I didn't realize you could copyright a HostGator name. Are you sure you don't mean trademark?.

UDRP is the process by which trademark owners can get or reclaim domains from persons who are infringing on their trademarks. It costs a $1500 processing fee, plus the lawyers fee, if you use one (which is highly recommended). You can find out more than you need to know about UDRP by googling it..

UDRP do not look too kindly on applicants who let their HostGator to drop. They consider you haven't be diligent enough in protecting your trademark..

If the registrant is infringing on your copyright/trademark, you can sue them in court. You'll of course need a lawyer...

Comment #4

Can anyone confirm me that people can not have copyright on a domain?.

Thanks,..

Comment #5

I thought you said you already had a copyright on a domain. So why are you asking this question? You either have or have not a copyright on a domain. Which is it?..

Comment #6

Here is the real story. I have brought these 2 sites from a third party. A week later, the person claim that they are the first owner ask to get the HostGator back which they say is their copy right. What should I do. I just brought the HostGator name and now the first owner want it back?.

Me buy from third party who got the expired HostGator and sold it to me. The first owner who let the HostGator expired came back and tell me to give it back cause of their copyright..

Please help , what should I do...

Comment #7

Ok why not state that from the beginning if you give us a fake story how do you expect us to help?.

What are your intentions for the HostGator name?.

Have they provided any proof of any copyright (which I doubt they mean trademark)?.

Although it might help knowing what the HostGator is it might not be prudent to post it publicly...

Comment #8

You can't be breaching their copyright if you have not placed any content on the domains 123 reg website which breach their copyright. Same for trademarks. They could still file a URDP case against you claiming you bought the domains in "bad faith". Meaning the intent when you bought the domains was to profit from their trademarks. But in this case, it's unlikely since they don't even know the difference between copyrights and trademarks. They are however, entitled to bring a URDP case if they feel so aggrieved.

You can do this defence by yourself (ie no cost) or with the aid of a HostGator lawyer. It's always better to retain a lawyer. Just reply to their email that you bought the domains from the other party in good faith and it's your intention to develop these domains in the future unrelated to their copyrights..

I presume you haven't put any content on the websites which breaches either their copyrights or trademarks. Right?..

Comment #9

Depending on the value of the domains, I would hire an attorney. Otherwise, simply ask them to clearly state their situation in writing and mail a hardcopy to you make it clear that you need all the particulars of their claim, so you can seek counsel..

I have had previous HostGator owners contact me, claiming their domains were inadvertently dropped (implied "stolen"). Those with legitimate claims never have a problem writing all the exact particulars of the situation; those that do not, will not follow through..

When things get serious in domaining, I stop using email and start using postal mail. It creates a much more thoughtful dialog..

Regards...

Comment #10

I thought copyright only applies to text & Photos ? .

It is also possible to have multiple Trade Marks by different people, as long as it is used for a different purpose. How you use it makes alot of difference !.

(more so for generic/dictionary words or combinations, you could'nt do it with the likes of Google, Yahoo etc).

...

Comment #11

Well, Here is what they say:.

Dear ****.

The site might be making good money, but the AZ-ARC name is under copyright. We just want to purchase the HostGator *back*. You are making money on the copyrighted Arizona Addiction Recovery Center name and that is against US law..

You will not be able to just make money off of the AZ-ARC name forever. If you choose to be unreasonable, we will contact our lawyers and you will end up forfeiting the HostGator and also paying all legal fees..

Please let us know a reasonable fee and we will work it out in a friendly way. Thanks for your time..

Kelly.

*********************.

They may be an imposter and try to rib me off. The content of az-arc.com is already up from the previous owner that I brought it from. They have it up for almost a year. I have asked them to send me the prove of CopyRights to the name AR-ARC.com..

What else should I do?.

Thanks..

Comment #12

You aren't breaching copyright as you have no material up. if you are afraid that they hold a trademark on the HostGator name, please ask them for proof. The trademark registration. If it is a generic domain, you may still have a good case. Also in the U.S., HostGator name extensions cannot be trademarked. That is "catburger" can be trademarked but "catburger.com" can never be...

Comment #13

Who says? Check for Art.com, Hotels.com, Sportsbook.com, Sex.com, Fox.com and many more...

Comment #14

Is it true?.

Copyrights are for recorded works such as music, lyrics, books, articles, 123 reg website content, etc..

Trademarks are for names, logos, brands, etc..

Then that mean I have this name AZ-ARC.com and they claim that they hold the copyright of the domain, Arizona Addiction Recovery Center, and have the right to claim it? If Copy Right is not for HostGator name then they have no case against me?..

Comment #15

Yes, this is basically how it works..

In your situation I would ask for them to validate their claims before you do anything else. It is a reasonable request to receive from them some documentation to their claims. If they refuse they are probably full of crap...

Comment #16

As a few people have already said. You can't copyright a name. I checked the USPTO and there is no trademark registered, but that doesn't mean they don't have a trademark for prior use..

So. Unless your content is somehow infringing their copyright, you should be relatively clean. It's probably for this reason that the previous owner sold the domains to you..

So you have 2 choices. Ask them to send you proof of copyright infringement and fight them, or they have offered to pay for the domains. So you could make a quick flip and move on. it's up to you...

Comment #17

Ok, I'll see. I ask them for the prove of copyrights..

But my contents are all unique..

Thanks for all the help...

Comment #18

Messy, messy, messy..

You posted this as the site in one place:.

Http://whois.domaintools.com/ar-arc.com.

, which has never been registered, so I'm confused as to the exact conflict here..

You purchased AZ-ARC.com from someone? Why? It's not premium - did you know it had traffic? Is the content that is on AZ-ARC.com just a parking page (looks like it)?.

Archive.org has some deep history on AZ-ARC.com - do you really want to be the guy profiting from these folks?.

Http://web.archive.org/web/*/http://az-arc.com.

I get that English isn't your first language, and that Kelly's first letter to you is off-target, but you need to break things down more clearly for everyone..

1) What did you buy? (AZ-ARC.com?).

2) Why did you buy it?.

3) From whom did you buy it?.

4) How long ago?.

Stop with the CYA's (The original story was just an outright lie and will gain you no allies here.) and give a breakdown of what is going on that is factual, not conclusory..

And rhys: 45880 = the number of USPTO registrations with "com" in the title; a sizable portion of which are ______.com's.

-Allan..

Comment #19

It's AZ-arc.com not ar-arc.com..

1) What did you buy? (AZ-ARC.com?).

I brought az-arc.com from a third party who is not the first owner. Now the first owner came back saying that he has a copyright on the name AZ-arc.com..

2) Why did you buy it?.

I brought it because it has organic traffics..

3) From whom did you buy it?.

Third party guy who I do not know but he holds that name for almost a year until I brought it from him..

4) How long ago?.

2 weeks..

Comment #20

Any other communications from Kelly? AZ-ARC must have mistakenly let it drop at some point? But if somebody else owned it for the past year, he/she must have kept it pointed at the AZ-ARC site because it only recently changed to your parking page..

You're biting off a lot here, and there has to be more to the story (This "third party" worked for AZ-ARC in the past? Was their webmaster/hosting provider? A lucky dropcatcher that did something nice for "almost a year" only to hand it over to you?) in order for things to make sense..

Again, more details..

-Allan.

(Ready for a healthy dose of irony? http://www.bobparsons.com/index.php?/archives/19-Robert,-they-cant-eat-you!-My-rules-for-survival..html ).

-Allan.

\\..

Comment #21

The guy that I brought from is not working with them. There are no response yet after I have request them to prove of copyrights from last Sat..

This is a simple direct situation, don't know what else you want to know?..

Comment #22

Asking them to "prove copyrights" is just plain silly, unfortunately. Copyright law is not what is at issue here, TM would seem to be (However, again, I have to think that there is more to this.). Copyright law is for creative works fixed in a tangible medium, TM's for trade names, slogans, etc. Kelly's statement notwithstanding, they seem to be pointing out (Correctly, it seems) that you are profiting from their TM (It need not be registered; it could be that the only proof they need is the archive.org link I posted above with 7(?) years of use as their name...)..

How did you know there was "organic traffic?" (Sounds like you took that line from the seller, no?).

Dare I even ask how much you are looking to get as a sales price after being the registrant for two weeks time?.

Again, dare I ask why you just switched the registrant's name to "none" on the domain?.

-Allan..

Comment #23

Seems to me this could only be the case if the name is being used in a similar fashion as before...

Comment #24

This guy owns muscle monthly magazine and he has the site musclemonthly.com from 2001 -2004, then the name expired for whole year 2005, 2006 someone picked the name and build another site and redirect all the traffic to another name:.

Www.mesomorphosis.com.

Then expired and another guy came and claim the name and build the currently site which I brought..

You can find this on:.

Http://web.archive.org/web/*/http://...clemonthly.com.

The first owner has his magazine register as a business:.

Http://www.efbn.saccounty.net/eFBNBu...gNum=200210262.

This is the same claim on me as AZ-arc.com..

Does this guy has a chance on trial? Since he only own the magazine not the HostGator name...

Comment #25

Too tangled of a web for me, better you call a lawyer...

Comment #26

I did not register the name, it was transfer to me, so all my info should be their on whois.net.

I have not given them a price yet, but they still have not reply for a prove of copy right...

Comment #27

You're all over the place - but again, having them "prove of copy right" has nothing to do with the claims as articulated thus far..

And just to clarify, bestbuy is using it in the same way as the "original" owner - as a substance abuse page..

-Allan..

Comment #28

Doh! Now that sounds like a solid TM infringement...

Comment #29


This question was taken from a support group/message board and re-posted here so others can learn from it.