Blatant 'Passing Off' site registered with all the Networks!!!

[Elaine]

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(must still be jetlagged - should be little scowly man)
Just found out somebody who has seen my site decided to stick an hyphen in there and produce a children's directory - just like mine - he's actually admitted this is what he did - doh!!

Obviously going to be in touch with them when I get back off holiday and ask them kindly to remove it etc

but

he has obviously signed up with some of the networks using this domain name
all-kids.co.uk - am I being unreasonable to suggest that somebody should have spotted this and been in touch with me - and now that I've discovered this should they then ban this domain name.

As soon as I'm home I shall be contacting these networks and asking them to stop doing business with this individual unless he changes the domain name - but do I have a legal or moral right to ask this?

ps - I'm not spending all my time in the local library - but fishing or t'internet - no brainer

[Itchy]

he has obviously signed up with some of the networks using this domain name
all-kids.co.uk - erm then why didnt you buy it?

am I being unreasonable to suggest that somebody should have spotted this and been in touch with me - lol they really dont give a monkeys about it unless of course its trademarked and even then someturn a blind eye untill asked about it

and now that I've discovered this should they then ban this domain name. - unless youve trade marked it i reckon thatll be a no

As soon as I'm home I shall be contacting these networks and asking them to stop doing business with this individual unless he changes the domain name - but do I have a legal or moral right to ask this? - proberly not and even if they did theres a whole load of domains they can still use

[Elaine]

theres a whole load of domains they can still use

yes and I wouldn't have a problem with that - this individual has admitted he's based his site on mine - what's he gonna do next mc-donalds - I don't think so.

[KieronD]

I think the problem may be that the networks don't actually check the sites themselves, that is up to the individual merchants to approve them. As you say Elaine best thing to do is contact the networks and I'm sure they will close this guys account. Its happened to me a couple of times and thats what I did.

Hope you're enjoying the sun!

[Mogga]

http://www.copyscape.com/


That article he's got on there is someone elses I think.

[andysears]

I cannot see the problem with this, had a look at allkids.co.uk and all-kids.co.uk, yes they are boths kids directories but one is not a copy of the other?

Putting a hyphen in a domain is not illegal as far as I know? manysites do it, many many close domains out there.

Is the problem because he admitted he based his site on yours? If so then theres a few hundred people in these forums that are guilty of that. How many price comparison sites? how many pixel advertising sites?

[betterHalf]

get a trademark. Then you can sue his @ss.

[Itchy]

I cannot see the problem with this, had a look at allkids.co.uk and all-kids.co.uk, yes they are boths kids directories but one is not a copy of the other?

Putting a hyphen in a domain is not illegal as far as I know? manysites do it, many many close domains out there.

me neither and yep your right they look nothing like each other but contain similar info ...is that a crime ... nope

might set up a kids directory me self unless of course im not allowed to
what if allkids.com put up a site ? what could you do then? they had their domain 4 years more than yours

im not having a go its just i dont think you can do anything about it tbh and if they wanted to do a Mc Dees then im sure itll be stopped in its tracks something to do with a trademark type thing

[Elaine]

might set up a kids directory me self unless of course im not allowed to

OK, I'm back from holiday now - jetlagged and bad tempered!

you can set up as many kids directories as you like and call them anything you like - I have no problem with this at all - but if you think it's OK to create a site simply to leach off my site on which I've worked hard and sweated blood and tears for the past 7 years then think again - that is a definite no no.

If the .com version ever materialises - I don't have a problem with that either.

PASSING OFF:
When a trade or service mark is not registrable it may still be entitled to certain protection, i.e. a passing-off action. Passing off is available where there is a prospect of confusion of identity through the unauthorised use of similar marks or get up, and such use damages, or is likely to damage the goodwill and reputation of a business. Unregistered marks and passing off can apply to virtually any name, mark, logo or get-up which distinguishes a company, business, product or service.

[Ditzy]

I'm torn between an image of a big nosed cartoon character peeping over a brick wall saying "wot no reply?" and the sound of Mr Punch saying "That's the way to do it" ... you boys may be too young to understand either reference

Proud to be a member of the family.

[drivetowin]

I understand both of them Ditzy - oh dear how old does that make me......

[buspassjohn]

Not as old as me!!

[capricorn]

personally I think, Elaine, that you've just
got to take it on the chin.

Besides I dont quite understand why you think he is immediately tapping into and stealing your goodwill. presumably, yours is an established site. The copy-cat is brand new.

You each have your own mailing lists and it will be a case of survival of the fittest.

Best devote your energies into making your site stronger than the competition, 'cus you sure as hell aint gonna be able to close him down, .... unless of course you've got a spare £100,000 to take it to the High Court

[Aquanuke]

unless of course you've got a spare £100,000 to take it to the High Court

If you think you have a case Elaine then it costs £750 +vat to go through a DRS. If you have emails from them in your favour ie passing off or intent then that will go in your favour. I've seen cases won for less.

http://www.nominet.org.uk/disputes/drs/complaint/