Web hosting or Domain hosting

"Tina - AffordableHOST, Inc." <tina.RemoveThis@affordablehost.com> wrote in
alt.freewebhosting:

 > This is a common misconception.
 >
 > You can't "own" a domain name and they are not for sale or purchase.
 > You register domain names for the purpose of having the right to use
 > them for a set period of time. No individual can own a domain name.

Let's say there is a window of oppourtunity for me to register
affordablehost.com when it expires, because you didn't renew it in time for
whatever reason. I register it. I can then do what I want with it? After
all, you don't own that name, you are the registrant.

--
Mason Storm

---------------
Remove "dogface" to reply in email.<!-- ~MESSAGE_AFTER~ -->
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"Mason Storm" <mydogfacenippy RemoveThis @shaw.ca> wrote in message
news:Xns95446B454EC09mysnippynippyshawca@24.71.223.159...
 > "Tina - AffordableHOST, Inc." <tina RemoveThis @affordablehost.com> wrote in
 > alt.freewebhosting:
 >
  > > This is a common misconception.
  > >
  > > You can't "own" a domain name and they are not for sale or purchase.
  > > You register domain names for the purpose of having the right to use
  > > them for a set period of time. No individual can own a domain name.
 >
 > Let's say there is a window of oppourtunity for me to register
 > affordablehost.com when it expires, because you didn't renew it in time
for
 > whatever reason. I register it. I can then do what I want with it? After
 > all, you don't own that name, you are the registrant.


Yes, you are correct. However, we can sue you for tradename infringement
and prevent you from using the domain name for anything.

--Tina<!-- ~MESSAGE_AFTER~ -->
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On 13 Aug 2004, "Tina - AffordableHOST, Inc." wrote:

 >we can sue you for tradename infringement and prevent you from
 >using the domain name for anything.

I've limited knowledge of trade name law, but unless there was a
clear intent to 'pass themselves off' as your business, I'd not
expect that to necessarily be the case. If someone did manage
to register the domain, following an unexpected lapse, would
you expect to get the domain back and sue a firm if they were
(as an example) affordablehost.com Limited and registered in
the UK ? The .com TLD is not exclusive to business based in the
USA or more generally in North America, and unless some firm that
was competing in the same market as you, as "affordablehost, Inc"
then I would hope a court would consider the claim unsubstantiated.

Of course I have no plans to try, nor would it be a good idea for
any firm to attempt it, but I do think there may be problems for
any firm which automatically assumes it is the only one with a
right to a specific name. Of course this is pure speculation
as your firm would not intentionally 'give up' the registration.<!-- ~MESSAGE_AFTER~ -->
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First, its not an issue in our case because we would never let our domain
lapse. That's not even an issue.

If by some miracle our domain name lapsed and we didn't notice that it was
offline for the standard "90 days grace period" before it became available
for re-registration again and someone registered it and claimed to be the
new AffordableHOST...yes, I probably would sue. Again, the chances of that
happening are less than me winning the lottery and getting hit by lightening
on the same day.

Microsoft recently sued a guy named Mike Rowe, who thought it would be
clever to register the domain name MikeRoweSoft.com:
<a style='text-decoration: underline;' href="http://www.cnn.com/2004/TECH/internet/01/19/offbeat.mike.rowe.soft.ap/" target="_blank">http://www.cnn.com/2004/TECH/internet/01/19/offbeat.mike.rowe.soft.ap/</a>

Not sure that case ever went to court, but I doubt MicroSoft would pursue
legal action unless they were confident they could win.

Would I "sue" a company that is honestly using the AffordableHOST, or
something similar, name? Nope. Matter of fact, the owner of
AffordableHOSTing and myself have had friendly conversations several times.
The only time I've ever had our lawyers write a nasty-gram was when some kid
thought it would be clever to post an almost identical website as ours on a
domain very similar to ours.

--Tina




"poster" <us-mail DeleteThis @rocketmail.com> wrote in message
news:211qh0djf97rmafn00mcm3o6b5k00f8rhh@4ax.com...
 > On 13 Aug 2004, "Tina - AffordableHOST, Inc." wrote:
 >
  > >we can sue you for tradename infringement and prevent you from
  > >using the domain name for anything.
 >
 > I've limited knowledge of trade name law, but unless there was a
 > clear intent to 'pass themselves off' as your business, I'd not
 > expect that to necessarily be the case. If someone did manage
 > to register the domain, following an unexpected lapse, would
 > you expect to get the domain back and sue a firm if they were
 > (as an example) affordablehost.com Limited and registered in
 > the UK ? The .com TLD is not exclusive to business based in the
 > USA or more generally in North America, and unless some firm that
 > was competing in the same market as you, as "affordablehost, Inc"
 > then I would hope a court would consider the claim unsubstantiated.
 >
 > Of course I have no plans to try, nor would it be a good idea for
 > any firm to attempt it, but I do think there may be problems for
 > any firm which automatically assumes it is the only one with a
 > right to a specific name. Of course this is pure speculation
 > as your firm would not intentionally 'give up' the registration.<!-- ~MESSAGE_AFTER~ -->
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Some sites such as <a style='text-decoration: underline;' href="http://www.godaddy.com" target="_blank">www.godaddy.com</a> offer a locking service.


"poster" <us-mail.DeleteThis@rocketmail.com> wrote in message
news:211qh0djf97rmafn00mcm3o6b5k00f8rhh@4ax.com...
 > On 13 Aug 2004, "Tina - AffordableHOST, Inc." wrote:
 >
  >>we can sue you for tradename infringement and prevent you from
  >>using the domain name for anything.
 >
 > I've limited knowledge of trade name law, but unless there was a
 > clear intent to 'pass themselves off' as your business, I'd not
 > expect that to necessarily be the case. If someone did manage
 > to register the domain, following an unexpected lapse, would
 > you expect to get the domain back and sue a firm if they were
 > (as an example) affordablehost.com Limited and registered in
 > the UK ? The .com TLD is not exclusive to business based in the
 > USA or more generally in North America, and unless some firm that
 > was competing in the same market as you, as "affordablehost, Inc"
 > then I would hope a court would consider the claim unsubstantiated.
 >
 > Of course I have no plans to try, nor would it be a good idea for
 > any firm to attempt it, but I do think there may be problems for
 > any firm which automatically assumes it is the only one with a
 > right to a specific name. Of course this is pure speculation
 > as your firm would not intentionally 'give up' the registration.<!-- ~MESSAGE_AFTER~ -->
 >> Stay informed about: Web hosting or Domain hosting