47
votes
Accepted
What's to stop domain registrars from price gouging renewals?
Domains can be transferred between registrars.
If a registrar is overcharging or providing poor service, the owner has the right to transfer the domain registration to a competing registrar. There are ...
- 4,298
22
votes
Accepted
On what grounds can Instagram contest the use of the domain name slutsofinstagram.com?
The theoretical is that the domain slutsofinstagram.com does dilute or harm Instagram's mark because of the use of "Instagram" in the domain and because of the unwanted association of the parody story;...
- 19k
16
votes
Does receiving an email informing me of a change in policy mean I automatically agree with it, unless I object?
What does the contract say?
If it says that they have the right to unilaterally alter the terms by providing you with notice by email, then they have the right to unilaterally alter the terms by ...
- 227k
8
votes
Accepted
Legal protections for an expired email domain
Not that I am aware of.
A person who 'owns' a domain is entitled to utilize that domain including for the purposes of receiving emails.
With physical mail, it is a crime in most countries to ...
- 227k
7
votes
I bought a premium domain and now the registrar says that domain wasn't really available for purchase
No
You agreed to this:
If the change of ownership from Seller to Buyer is not able to be completed (i) due to either party’s fraudulent activity or (ii) for any other reason, Buyer and Seller ...
- 227k
7
votes
Can Musk threaten X11?
Trademark rights go to the first one who uses them in commerce, or who registered them with the intention to use them in commerce. So if anything, the X.Org Foundation could be a legal threat to ...
- 7,759
6
votes
Accepted
Can I have "Amazon" in my company's domain name?
A reasonable person might well believe that your enterprise is being sponsored by or is affiliated with Amazon, and so you would be infringing Amazon's trademark. Even if there is no reasonable ...
- 115k
6
votes
Who owns my website?
Who owns my website?
YOUR website is owned by YOU.
If you want it to be owned by your company, you need to transfer the ownership. The domain name registrant and the entity to pay Wix need to be the ...
- 28.2k
6
votes
Accepted
Am I allowed to use the term "facebook" as a keyword in the <head> section of my website?
The Quora statement that the word "facebook" cannot be used in a domain name without permission is incorrect, or at least too broad. If a site or app is intended to work with Facebook, it ...
- 115k
6
votes
If I buy a domain, do I need to create an LLC?
Do I need to create an LLC if I already own the domain?
No.
Can someone legally create an LLC with the same name as my domain?
Yes.
Just trying to understand what the difference is between an LLC ...
- 40.1k
6
votes
Accepted
Can Musk threaten X11?
This is unlikely to be a problem. There are many companies that have already registered software-related trademarks prominently involving an X or the name Xcom. That Twitter has changed to X branding ...
- 24.1k
5
votes
Website URL & blog name - Trademark
"LearnIT" and "Learn it" are both descriptive, and thus are generally weak trademarks. It is not unlikely that a challenge would result in cancellation of any trademark on either, ...
- 115k
4
votes
Profit from a celebrity domain name if I have the same name?
As long as you are not claiming to be this celebrity, which would be impersonation, then you are not doing anything wrong or illegal. Since it is your own name, you can use it.
- 279
4
votes
Is it OK to name our app generically?
I am answering primarily with regard to the U.S. Lanham Act (15 U.S.C. § 1501 et seq.) and state trademark laws in the U.S., but except as noted, these concepts are widely honored internationally in ...
- 240k
4
votes
Accepted
High value domain taken by registrar
You need to look at the domain registrar's TOS to determine their polices for canceling a domain after the fact in the way they did, i.e. claiming the domain is "premium" and as such allowing them to ...
- 19k
4
votes
Accepted
UK - Bought a domain through a web hosting provider - now they say I can't have it
This smells strongly of "bait and switch" fraud: offer a product at an attractive price, then "discover" that the product is not really available at that price. By that time the customer has sunk ...
- 14k
4
votes
Legal protections for an expired email domain
Yes, there are legal remedies.
GDPR would first require them to handle the emails with a great deal of care. They would not have permission to read them and they may contain private correspondence or ...
- 1,886
4
votes
Accepted
Same domain name as an old site
Your question lacks some details. So you registered a domain name, and later find someone else used that domain name (in the past) for a hobby website?
Then no, you don't need to worry about it.
If ...
- 532
4
votes
Can misspellings be covered by trademark?
Yes, they can be. In the example given in the question, there is an additional factor which is that the possibly-infringing company is in a different line of business, which means that it might be ...
- 40.1k
4
votes
Do domains typically have to be declared in bankruptcy proceedings?
Do domains typically need to be declared when filing for bankruptcy?
Yes. Concealment of registered domains may be grounds for denial of discharge. See In re Money Centers of America, Inc., (U.S. ...
- 45.5k
4
votes
Is a companies domain inherently included in the sale?
It will depend on the specific facts
Let's define a few terms:
Company A was the original company,
Company B is the current company (which may be the same as Company A or a different company),
Owner ...
- 227k
3
votes
Accepted
Cybersquatter posted my domain for sale after I queried it - can I still file a UDRP?
If anything, I think posting it for sale and notifying you is more evidence of bad faith. File a claim - it can't hurt, and the quicker you let ICANN know there's a dispute, the better. It doesn't ...
- 72
3
votes
Accepted
Similar domain to trademark takedown request?
It's from a company called MarkMonitor that does trademark protection for clients - specifically around internet activities and that includes domain cybersquatting - which is illegal in the US under ...
- 4,743
3
votes
Accepted
Am I allowed to use a domain name like macbookrepair.com?
Apple lists their trademarks, which includes "Mac" and "Macbook". "Big Mac" (burger) does not conflict (also, Macdonald's got there first) because they are unrelated ...
- 217k
3
votes
What's to stop domain registrars from price gouging renewals?
This is actually a common business model, with little to no recourse in practice
It's not uncommon to have to pay hundreds of dollars for a domain that cost you a few bucks to renew a year earlier. ...
- 95
2
votes
Accepted
Use of trademark related domain with permission
Can they just change their mind like that?
Well, what does your licence with them say? Oh, right, your licence is a verbal agreement with ill-defined terms which they may not know exists. How are you ...
- 227k
2
votes
Accepted
Domain name registered by co-founder's friend
"Founds of an informal organization that's been around for several years want to form an LLC. One of the founders (we'll call Bob) has a friend that own's the domain."
In the beginning, did this ...
- 914
2
votes
Domain name registered by co-founder's friend
Transferring the domain to a single person before the LLC is officially formed would appear to be creating the same situation which you are trying to resolve currently. The percentage of ownership and ...
- 285
2
votes
Domain name registered by co-founder's friend
You (or a lawyer) can draw up a contract that says exactly that: you state that the business is the owner of the domain name and Bob's friend has to transfer it to Joe or the business at some point.
...
- 19k
Only top scored, non community-wiki answers of a minimum length are eligible