Domain name Infringement?
82whiskey
I'm looking for some advise on whether or not this is legal and if not,
where or who to go to for resolution.
I work for a world wide company that manufactures and sells high
quality DC motors and related components named Maxon Precision Motors.
The company is based in Switzerland with the domain rights to
maxonmotor.com.
Our USA subsidiaries have the domain rights to maxonmotorusa.com. I
have discovered a website with the domain name of maxonmotorsusa.com
(motors vs. motor) which contains links to products similar to ours and
links to many of our competitors. The problem is that nowhere on the
website can I find any information on who is actually hosting or owns
the website.
The first issue is the use of our name which appears to be an obvious
trademark infringement.
The second issue becomes how can I find out who is hosting this website
and put a stop to it?
Any guidance here would be greatly appreciated.
Brian
Seth Breidbart
82whiskey <82wh...@comcast.net> wrote:
>Our USA subsidiaries have the domain rights to maxonmotorusa.com. I
>have discovered a website with the domain name of maxonmotorsusa.com
>(motors vs. motor) which contains links to products similar to ours and
>links to many of our competitors. The problem is that nowhere on the
>website can I find any information on who is actually hosting or owns
>the website.
The Registrant is
Manila Industries, Inc.
3843 S. Bristol St. #628
Santa Ana, CA 92704
US
I don't know why you thought that was hard to find.
>The second issue becomes how can I find out who is hosting this website
>and put a stop to it?
rentalqueue.com is hosting it.
You could either go via ICANN to take the domain away as the trademark
owner, or you could sue them in court for the same thing. Or, you
might be able to scare them into just giving it to you. Your own
advisors will have to determine your best option.
Seth
Timothy
82whiskey wrote:
>
> The first issue is the use of our name which appears to be an obvious
> trademark infringement.
>
> The second issue becomes how can I find out who is hosting this website
> and put a stop to it?
>
Technically the owners of the web site are cybersquatting but short of
buying the name from them there is litlle you can do.
You can find out who has the web site registered by going to a WhoIs
site, e.g., http://www.whois.sc
That site yields this address and fax number:
Manila Industries, Inc.
3843 S. Bristol St. #628
Santa Ana, CA 92704
US
949-743-1697 Fax
email: manilain...@excite.com
No one seems to be offering the site for sale, sadly. However the site
appears to be a domain parking site.
Check out the following article on Manila Industries:
http://spamhuntress.com/wiki/Manila_Industries
Stuart A. Bronstein
> I work for a world wide company that manufactures and sells high
> quality DC motors and related components named Maxon Precision
> Motors. The company is based in Switzerland with the domain rights
> to maxonmotor.com.
>
> Our USA subsidiaries have the domain rights to maxonmotorusa.com.
> I have discovered a website with the domain name of
> maxonmotorsusa.com (motors vs. motor) which contains links to
> products similar to ours and links to many of our competitors. The
> problem is that nowhere on the website can I find any information
> on who is actually hosting or owns the website.
According to the url's whois registration:
Domain registrant:
Manila Industries, Inc.
3843 S. Bristol St. #628
Santa Ana, CA 92704
manilain...@excite.com
949-743-1697 Fax
According to the California Secretary of State, their address is
23312 EAGLE RIDGE
MISSION VIEJO, CA 92692
Their agent for service of process is
RAJIV JAIN
15615 ALTON PKWY SUITE 450
IRVINE, CA 92618
> The first issue is the use of our name which appears to be an
> obvious trademark infringement.
If it's confusingly similar to your name, then yes, it may well be.
Stu
Kim
>
> The second issue becomes how can I find out who is hosting this
> website and put a stop to it?
http://www.networksolutions.com/whois/index.jsp
Registrant:
Manila Industries, Inc.
3843 S. Bristol St. #628
Santa Ana, CA 92704
US
Registered through: BudgetNames.com
Domain Name: maxonmotorsusa.com
Created: 2004-12-17 19:23:08
Expires: 2006-12-17 19:23:08
Administrative Contact:
Manila Industries, Inc. manilain...@excite.com
3843 S. Bristol St. #628
Santa Ana, CA 92704
US
manilain...@excite.com
949-743-1697 Fax
Technical Contact:
Manila Industries, Inc. manilain...@excite.com
3843 S. Bristol St. #628
Santa Ana, CA 92704
US
949-743-1697 Fax
Domain Nameservers:
ns1.rentalqueue.com
ns2.rentalqueue.com
--
Kim
www.attictamers.com
*Somehow "our song" just isn't as romantic now that they're using it
in an erectile dysfunction ad.* (Jerry L. Embry)
John Hyde
> Hi
>
> I work for a world wide company that manufactures and sells high
> quality DC motors and related components named Maxon Precision Motors.
> The company is based in Switzerland with the domain rights to
> maxonmotor.com.
>
> Our USA subsidiaries have the domain rights to maxonmotorusa.com. I
> have discovered a website with the domain name of maxonmotorsusa.com
> (motors vs. motor)
>
> The first issue is the use of our name which appears to be an obvious
> trademark infringement.
Yes, although I don't think they are actively trying to sell anything.
As some of the links below indicate, it looks like they are trying to
get your company interested in giving them some money to stop the
infringement.
>
> The second issue becomes how can I find out who is hosting this website
> and put a stop to it?
Finding out "who" requires a "Whois" search. I came up with the
following registry info:
==============================================
Domain Nameservers:
ns1.rentalqueue.com
ns2.rentalqueue.com
The previous information has been obtained either directly from the
registrant or a registrar of the domain name other than Network
Solutions. Network Solutions, therefore, does not guarantee its accuracy
or completeness.
Show underlying registry data for this record
Current Registrar: COMPANA, LLC
IP Address: 66.118.136.67 (ARIN & RIPE IP search)
IP Location: US(UNITED STATES)-ILLINOIS-SCHAUMBURG
Record Type: Domain Name
Server Type: Apache
Lock Status: ACTIVE
Web Site Status: Parked
DMOZ no listings
Y! Directory: see listings
Secure: No
E-commerce: No
Traffic Ranking: Not available
Data as of: 14-Jun-2005
========================================
A search for Manila Industries results in a number of cites. My very
quick scan makes it look like they are registering names, intentionally
related to an existing business, in a effort to extract payment.
Yes, there are things you can do about it. You'll need a lawyer who
really understands this stuff in order to track them down appropriately
and move to take this domain away from them. Fortunately, there is a
process made exactly for this purpose.
Don't despair. Here is an example of what you want to have happen:
http://arbiter.wipo.int/domains/decisions/html/2006/d2006-0027.html
Notice when you read this that Manila Industries did not appear to
respond to the complaint at all, the decision of the arbitrator is
essentially a "default." But, because the filings have to be
technically correct in every way, it did cost the complainant
(plaintiff) some money. In the end, the domain name was transferred to
the complainant without payment to Manila Industries.
I would encourage you to get legal representation and take these guys
on. Resist the temptation to just pay them, that is what they count on
and it amounts to little more than extortion.
JH
John Hyde
> 82whiskey wrote:
>
>> The first issue is the use of our name which appears to be an obvious
>> trademark infringement.
>>
>> The second issue becomes how can I find out who is hosting this website
>> and put a stop to it?
>>
>
>
> Technically the owners of the web site are cybersquatting but short of
> buying the name from them there is litlle you can do.
Not true. There is indeed a remedy under the ICANN UDRP. Frankly given
Manila Industries history, it should not be too expensive either.