http://www.dslreports.com/forum/r21093779 en Wed, 11 Nov 2009 12:36:34 EDT Wed, 11 Nov 2009 12:36:34 EDT http://www.dslreports.com/forum/remark,21114296 JoelC707 : You can try and you can even sue them but unless there is evidence of malicious intent I doubt there is anything ICANN or a judge can do. Ever hear about Nissan vs Nissan? Nissan Motor Company is suing Uzi Nissan and Nissan Computer Corp (a company registered back when Nissan was Datsun). They are suing for the domain name, nissan.com and 10 Mil in damages. You can read all about it here: »www.digest.com/Big_Story.php

So lets see if I understand this right. I think better with names and examples so just I'm just going to "assign" names here. Your friend owns "Blue-Mart" and has a domain name called bluemart.us. The rival owns "Red-Mart" and has decided to register a domain with the name bluemart.com? If so I would say that's a clear case of intent to defraud. I would assume the rival also has a correct domain name of his own (in this example being redmart.com or .us or whatever)?

Not being a direct competitor might be an issue on the patent/trademark side of things but shouldn't be an issue for the ICANN or a judge. Even if in my example the guys owns a company that isn't even a retailer (as my example is based around), registering a name that belongs to one is not a wise move. But on the same token, the Nissan case should prove that if you had that name before another company then tough shit. In that example, Datsun made the choice to change names to Nissan. Even though the other Nissan isn't involved with cars in any way, he still became their target (and I personally hope he wins). ]]> http://www.dslreports.com/forum/remark,21114296 Mon, 15 Sep 2008 16:22:41 EDT http://www.dslreports.com/forum/remark,21098606 Rob : Not a direct competitor? Then he's not in violation of trademark, and therefore your friend cannot force anyone to give him the domain. He can offer to buy it from them.
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CheckSite.us | YourIP.US ]]> http://www.dslreports.com/forum/remark,21098606 Fri, 12 Sep 2008 10:51:51 EDT http://www.dslreports.com/forum/remark,21095775 jazzman916 : »www.icann.org/en/announcements/a···ar07.htm]]> http://www.dslreports.com/forum/remark,21095775 Thu, 11 Sep 2008 19:05:41 EDT http://www.dslreports.com/forum/remark,21093779 click_310 : Is there a step by step how-to / FAQ for submitting a complaint to ICANN / wipo.int ?

Problem : A friend owns a company outside the US, this company is duly registered and is an operational business. They have a working domain companyname . national-TLD

Another rival company also based in the same country just registered companyname .com

Short of going to court and paying a law firm, what does this friend need to do in order to get MONIKER ONLINE SERVICES, INC. { The registrar ) to let him have the domain.

Claim information :
The guy has a registered LLC firm, is a member of the local chamber of commerce, operates legally in that nation and the firm pays taxes. The business has an office, and employees.

The competitor operates under a different name, and is not a direct competitor in the same vertical.

Suggestions ?
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(757) 644-3863]]> http://www.dslreports.com/forum/remark,21093779 Thu, 11 Sep 2008 12:47:36 EDT