Company domain name bought by rival company - Is this legal?

Question

A rival company in the exact same sector has bought the .com domain name extension for my company. I am concerned that they will use the domain against us or to poach our traffic/customers!


1) Is what they have done legal?

2) What can l do about this?

Answer 1

Is your trade name registered? I am not talking about domain name, I mean your business Name is it registered and trade marked?

If it is then you may sue them for using a trade marked, registered company name. If you tried to save money and did not register and trade mark your company name. Then competion can legally steal your idea's and use your name. Setting up a company correctly to protect it's assets and revenues must be done properly. No Patents, registered names, register trade marks, then welcome to the cut throut world of business.

Answer 2

What they have done is legal. The domain name is theirs once they pay for it. You might try to get the .net or .org version.

However, they have used one of the classic methods of increasing their traffic by riding your success.

If they advertise and pretend to be you, you can sue, but just by having the domain name, you can't.

I'd recommend you register a different spelling of it, or change your name, or add a phrase to it, ie: if you are the ABC company, you might want to register THE REALABC.com or A-B-C.com or ORIGINALABC.com.

As you can see, there are choices, but going forward, it makes good sense to have domain registration an intregral part of your business plan.

Answer 3

All the above answers are correct, just remember something you were probably told a long time ago, ya snooze, ya lose.. next time, be a little quicker off the mark..

Answer 4

It doesn't appear that you have any remedy at federal law without a trademark, but you may have a state law action for unfair competition. Chat with your attorney.

Answer 5

I would get a lawyer to see if they are violating any anti trust laws.