URL SCAM
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I recall that. I wonder if the rules in place now are in a response to that and to prevent exepnesive litigation to defend themselves. My lawyer tells me that in 80% of cases that have gone to litigation, having a prior trademark wins the day. Therefore, I guess the new rules now.
I don't have a link. We could google it.
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Bruce, where is the recent, stress "recent" data, to back up that assertion.
I did a search on "Trademark infringment domain" and the very first link backed my lawyer: http://www.web-source.net/trademark.htm
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Bruce, I wouldn't be foolish enough to go to anyone but a well reputed intellectual property lawyer.
And he is right in Toronto. Remember he said that in 80% of the cases, having a trade mark worked in favour of the trademark holder. 80%, not all, but those are pretty good odds.
Here is an example of what he is talking about and a link where you can see more: http://www.keytlaw.com/urls/urllaw.htm
Domain Name Disputes: A trademark owner has a duty to prevent others from infringing on the owner's mark. New federal laws and a new international arbitration procedure have made it much easier and cheaper for mark owners to obtain infringing domain names and damages from cybersquatters. This article lists the options available to trademark owners (including owners of unregistered marks) who desire to obtain infringing domain names. ICANN's Uniform Domain Name Dispute Resolution Policy has become the mark owner's weapon of choice in the war against cybersquatters because it is quick and cheap. -
I just received the same email. I thought it looked a bit strange, so I Googled the company name. I found your posting and immediately deleted the email. There was a read receipt on it too. I am very sorry for your misfortune, but know that your posting is definitely helping many people. It definitely helped me, so thank you.
posted by: candrso
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Candrso I am so glad this is working as intended. I got an e-mail from a woman in France yesterday who found this posting the same way and also got some relief. Thank you for letting me know.
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Hi Susan
I hope that your lawyer is correct, but the law must be very different in the states because in the UK a trademark only copyrights a business name for the nature of that business, i.e: a firm called Bloggs that makes furniture could trademark "Bloggs", this would stop another furniture manufacturer seting up with the same name. However a firm dealing with a different product could trade as Bloggs. I imagine that this is similar to registering a domain name, it does not legally link to any trademark in particular.
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Yes that is the same both in the US and Canada. But that is quite sufficient protection that if someone in China wishes to sell Architectural Entourage or any other products for which my Trade mark is registered, he does not have the legal right to use a similar domain name if the domanin name is the same as the trademarked name.
I was not only concerned that these people were going to use my company name and imply a connection with me for their products, I was frankly concerned that they were going to sell bootleg copies of my product for pennies as well. That is both a copyright issue as well as a trademark issue.
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couldn't get .us. I wonder if you need to have an address in the US to get it. As far as I can see, no on else has it. I didn't see .info as an option from my registrar. But you didn't see my entire list anyway, that was the list from the Shanghai company. I registered an additonal 18 of them including variations on entourageart : singular as opposed to the plural.
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@unknownuser said:
...so I suggest you pick up .info. and make an attempt at .us.
Why bother? The list could go on and on as they keep adding more top-level domains, .tv, .biz, .xxx, etc. So what if someone else owns http://www.entouragearts.co.us- the only problem would occur if a company with the same name became enormous, swamping your search engine rating.... very unlikely. Besides if that did happen, there'd be much bigger things to worry about than obscure top-level domains, i.e. fighting high-paid lawyers suing you for trademark infringement.
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The only reason would be that I have spent blood, sweat and tears as well as my life saving developing this business and I wouldn't want some unscurpulous person associating a similar product with mine and then banking on my hard earned reputation to make some sales, while biding his time and costing me legal fees until I can get his domain name pulled. Much cheaper to just own the major and most easily found domain names up front.
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@unknownuser said:
@unknownuser said:
less than $10 US and about 5 minutes of your time to protect yourself.
Registering a name with multiple extensions can cost considerably more than $10 -- and the time and effort can be significant. While there are some registry services offering very low prices note that they are often tied to hosting services. Many people stick with tried and true (but relatively costly) services like 'Network Solutions' because they are suspecious of the crop of low-cost services that could turn out to be scammers or agressive marketers.
Also the reason Google.info goes to Google.com (or a localized country version) is because Google registered their .info and have it directed to their site. For companies like Google it makes sense for them to register every possible version of their name. For the rest of us it probably makes little economic sense. (I agree fully with what Jackson wrote).
********* NOW TAKE NOTICE KIDS! *********
There is a really cool web tool called Netcraft DNS Search that allows you to research what urls are DNS-registered using specific search terms. My link above shows there are 19 sites that use the word "entourage". It is a very useful tool for finding enfringements and great when choosing a domain name. My understanding is its only finding urls that are in DNS databases meaning real sites and ignores the speculatively registered domain names not currently active. Anyways, you can have hours of fun browsing the net using the tool. It makes an interesting way to explore it.Regards, Ross
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I'm yet another saying "Thank you so much for having posted this!" I was thisclose to sending them a reply - and I was quite worried. You've done the world a favour! :thup:
posted by: AnnB
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Bruce, this is misleading information. In order to protect my domain name I protect two variations: entouragearts and entourageart. Each of those comes in various permutations to in order to protect just the most common ones. .com, .biz, .info,.org, .net,.ca, .usa then, because the threat came from China and unfortuneatly that is where there is the greatest ongoing threat of scam I also protected .cn, .tw both alone as well as .com.cn etc. There is also .hk but it is not offered by my registry folk and frankly at this point I had spent close to $600. The .cn etc are $29.95 per year. A couple were 49.95 per year and .ca is 16.95 per year.
I could have gone on and done .in becuase there are certainly threats from there as well. But as Ross points out, this can go on forever. So determining what is absolutely necessary to protect and how much that will cost is a matter of judgement. It ain't pennies if you want to do your very best to be protected.
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Am I reading your "tone" correctly Bruce? Are you annoyed with me?
I wasn't annoyed with you. I was just pointing out that a) you are correct: the fastest and cheapest way to protect yourself is to register alternative names to your domain. You are correct, cheaper and easier than waiting for the trade mark registration to do its work. but b) it isn't quite as cheap as you may think when first you look at a prcie of $9 per name, AND c) the trade mark is ultimately also a powerful weapon when push comes to shove and if you are really very concerned, then having it is beneficial.You are not a distraction at all. You provided some very good feedback and kept the topic alive. Further, you helped in pointing out that this is by no means a cut and dry clear issue and opinions vary and that a business persom must weigh risks and do a cost benefit analysis in this as in every other business decision.
Please don't be ticked off at me.
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Much relieved, phew. Thank you. Big hug back.
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We got an email from the same company and i just want to confirm this scam for the following reasons:
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after our attorney contacted them, they still sent their emails to our press office and ignored the attorney's email
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since our press office didn't answered the emails, they started being impolite
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we registered a domain of their list with another register in the meantime and guess what... they sent the same email again but without the newly registered domain (.info). therefore I suppose this first email with domainslist is just an automated message
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we contacted an attorney in Hong Kong and found out that Goldplanet Holding Limited is a dormant (non trading) company.
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their website doesn't look professional at all
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they asked us if we want to register these domains several times
Funnily enough they asked us for the trademark certificate but after we told them to contact our attorneys for that, they didn't ask again. That was pretty professional but for the rest it's obvious that they want us to register expensive domains to rip us off.
Hope this helps....
Btw, to have a good basis for winning a future copyright-lawsuit, it also helps to register a private limited company (UK, ltd - dormant, costs about $40) with the name you want to protect instead of paying thousands to a tradmark registration office...
regards,
billy
:100k:posted by: billy
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Hi,
I am a newbie and just posting here as I have came across the same scam today from the same company, different person. As Global Safe Technologies is dealing in China and we just happened to appoint a new Chinese distributor, I've responded and also sent it back to our canadian head office, BEFORE, I've started to do a bit of checking where I've came across this site as well as another article, thanks to Google.
I reported the entire thing to the relevant Australian Authorities as this scam could effect several genuine businesses who are dealer or in the process of start dealing with China and other countries in the region.
I personally wish these scammer would be caught and put behind bars for 10 years or more as they cost so much money and time for businesses it is not funny. I call this electronic terrorism and somehow I do not believe that very far from the truth.
The email I got looks like this;
Dear CEO:We are Shanghai NET Network Information & Technology Co.,Ltd which is the domain name register center in China.
We have something need to confirm with you, we formally received an application on September 20 2007.
One company who called Goldplanet Holdings Limited are applying for following:Domain Names:
globalsafe.hk
globalsafe.net.cn
globalsafe.org.cn
globalsafe.twInternet Brand Name:
GlobalsafeThese days we are dealing with it, so we hope to get the affirmation from your company.
Please let someone in your company who is responsible for trademark or intellectual property rights contact us.
If there is any question, please contact us as soon as possible.Best Regards,
Henry wang
Check Domain Name dept.
Shanghai NET Network Information & Technology Co.,Ltd
Oversea Internet Domains Accredited Registry
Tel: 86- 21-6229-6886 | Fax: 86- 21-6229-6899
Website: http://www.cnnetcom.org.cn E-mail: Henry.wang@chinasps.net.cnHope some action will be taken and this scam can be stopped.
Best regards,
posted by: globalsafe
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Thanks all for continuing to let me know that this post is doing its work.
I did report this to US Federal Authorities on the NET ( I'm Canadian but I only found a US site and I'm sure filing a complaint with them will have more affect)
I would be interested in that Google warning. I found none when I first started searching. Unfortuneatly I thought to do my search only after I alredy spent some money. I may have decided differently if I had searched first.The only posting that I found, on some "Nabble: forum, when I went looking for Info on Shanghai Networks. ( I did check out the Shanghai Networks site and really that should have been a clue to me too. For a company in the tech industry, the site is a joke, much of it not working properly)
Any way here is the incredible post:
July 2007
"Racial Discrimination Experience: Shanghai IDC Network Information Technology CO.,
Today I see a information on the net, which is about the Shanghai idc Network Information Technology Co., Ltd. At this time. Suddenly, I felt very angry, because one of my friends is also there, of course, He is Chinese. He told me a lot of work experience, and all are very annoyedOnce, My friend send a message to customers, just to remind them of cn domain name registration, because we all know the domain name is unique, for foreign companies, for them registered a domain name in China is an important market competition factors. So my friends work are to find these big company and remind them the cn domain of their brand are much possible be register by others and hope them can register it as soon as possible. I think is a very warm suggestion for us, also for them. But their suggestion was criticized by them. Why ?
Let âs see the message which they send to those company:
Dear sir,
We are Shanghai IDC Network Information Technology Co., Ltd, a domain name register organization in China.We have something urgent need to confirm with your company. Because we formally received an application from a company named Sai Bo (China) Investment company.They are applying to register and so on as internet brand name âxxx(The companyâs brand name)âand CN domain nameâxxx.cn /.com.cn /.net.cn /.org.cnâ through us.Now we are in charge of this matter .In order to keep other party from using these domain names,hope to get your confirmation about these domain namesÂĄÂŻregistration asap.
Please let someone in your company who is responsible for information management contact us as soon as possible.Is there any wrong or other dirty words? Nothing, just give a friendly suggestion and what the Racial Discrimination Person said? I felt very angry about this thing!
Some times they got many vicious words from them, like the bad little yellow man or other Racial Discrimination words! Itâs really sick! Of course, there are many big company did such things. So my friends also would not let these people register cn domain. I support such way to deal with these things.About the article which slander the Shanghai IDC Technology Information Co., Ltd. I saw today, I think it mush be the person who are refused by Shanghai IDC Technology Information Co., Ltd to register the cn domain name, so they do the base act.
If you want to know more about this Shanghai idc company, you could land on the website: http://www.govidc.org.cn then you will know what I said.
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Hi everyone.
I just got this e-mail that is very similar but uses different names.----- ----- ----- SCAM MAIL STARTS HERE -----
Dear CEOWe are Shanghai NET Network I T Co.,Ltd which is the domain name register center in China.We have something need to confirm with you, we formally received an application on Oct 16 2007.One company who called Aomeixin Holdings Limited company are applying for following:
Domain Names:
xxxxxxxxxx.biz
xxxxxxxxxx.cn
xxxxxxxxxx.com.cn
xxxxxxxxxx.hk
xxxxxxxxxx.info
xxxxxxxxxx.mobi
xxxxxxxxxx.net.cn
xxxxxxxxxx.twInternet Brand Name:
xxxxxxxxxxThese days we are dealing with it, so we hope to get the affirmation from your company.
Please let someone in your company who is responsible for trademark or intellectual property rights contact us.
If there is any question, please contact us as soon as possible.Best Regards,
Kim Che
Shanghai NET Network I T Co.,Ltd
Tel:+86-21-6229-6886 | Fax:+86-21-6229-6899
Website: http://www.shnetnic.cn
Kim Che
2007-10-17----- ----- ----- SCAM MAIL FINISHES here -----
I xxx'ed the url that i got but is very similar, where i googled and found your page.
The information that you and everyone else has brought up in this posting is very interesting and very helpful.
Everyday, we all get many mails of smilar kinds from scammers to these kinds of annoying mails. I hope they all get caught and go to jail.
Today, many scamming and internet related attacks to various companies and computers/servers around the world comes from China. They say that it doesn't come from us(China) but to how many people behave in China, I don't like many of what they're doing.
I got chinese friends that are good people. But many chinese people does not behave well. It's very sad that they are educated like that or in other words, NOT educated to international standards. I wonder how the Beijing olympics will come, as their manners are very bad.
BTW, where do you report these kinds of scamming? Please tell me if you don't mind.
posted by: Benjamin
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