battle over domain names

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I have come up against a question by one of my clients that I can't
answer and don't know where to start to look.

He was in business with a friend. My client put up the money for the web
site. His buddy bought the name (put it in his name) and had a web
developer put up the site.

Naturally, they have had a falling out. My client had me buy a new name
(very similar to old name) since we have no control over the original
domain. I put up the new web site ( )

The business and the name "Wholesale Logs of America Inc." is
Incorporated in the  state of California by my client.

NOW: Can he gain control of the original domain
"" due to the fact he incorporated the name
before the two joined together to put up the web site? Does he have any
legit argument why he should have the name?

if he does have a legit argument, who does he contact first to present
his case?

I hope there is someone who can answer this. I have looked on the search
engines but can't find information on disputed domains. I guess I could
email Network Solutions

Thanks for any advice

Re: battle over domain names

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Thanks, contacted ICANN and pick up some info.
Had no idea so many lawyers out there who specialize in just disputed
names, WOW. Must be big business.

Anyway, I would still like opinions on the situation if you have ever
been involved in a dispute over a domain name.

My clients case is not cut and dry...lots of gray area

Re: battle over domain names

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if the domain name includes a registered trademark owned by another part and
the business is similar, you dont have much to stand on.  even if the
business is not similar at all it can boil down to who has the most money.
read to see what the nissan
corporation has put mr. uzi nissan through over the domain .

Nathan In Montana

Re: battle over domain names

Nathan W. Collier wrote:
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I know Uzi - I had a great dealings with him when I was in Raleigh.
There's a lot more to this than meets the eye.

Among other things, the courts found Nissan Motor Corp. had a valid
complaint.  Uzi had AdSense ads on his site, which keyed into the
"Nissan" name - and advertised competing car manufacturers.  The court
found this violated Nissan Motor Corp. trademark.

However, this was also filed in San Francisco.  Now, you wonder why a
Japanese corporation would file a complaint against a North Carolina
resident on the other side of the country.  While this is personal
conjecture, I think part of it was the cost of defending it all the way
across the country (it wouldn't have made a lot of difference cost-wise
to Nissan Motor Corp.).  But I think also part of it was the liberal
nature of the courts out there.

There is no way Uzi could *not* have prevailed eventually - and he very
well could have prevailed at the outset had he not had ads for other car
manufacturers on his site.

As it is, he does have the site back, with an injunction that he will
not infringe on Nissan Motor Corp's trademark by advertising other makes
of cars on the site.  Which is as it should be.

OTOH, that case was a very specific case and bears no relationship to
the problem the op has.

Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.

Re: battle over domain names

On Nov 5, 7:46 pm, Bacchus God of Wine
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First thing you should determine is whether your client's business
name is a trade mark.

"[A] domain name that is not a trade mark arguably entails only
contract, not property rights. Thus, a domain name registration is the
product of a contract for services between the registrar and

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This may help:

"The UDRP is an administrative alternative dispute resolution policy
which creates a procedure specifically designed to provide a fast and
cheap means for resolving domain name disputes. (internal citations
omitted). On average, it takes no more than two months to resolve a
domain name dispute under the UDRP." /

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