Website

[Erikanutrition]

I am looking for legal advice. My website using my full name I used for business for over 15 yrs and I forgot to repurchase the domain this year. Within a few days someone (my neighbour with intent to destroy my reputation) bought my website domain name and is using it to sell scam products and this is diluting my brand. Can anyone advise?

 

[NickB]

If you let the domain expire without renewing it then the fault is with you.

When you didn't renew it, the person who bought it or registered it became the lawful owner of that domain.

You would of had lot's of notice the domain was expiring/going to be deleted.... your website would not of been resolving for one thing so no excuse not to renew it......

https://www.icann.org/resources/pages/gtld-lifecycle-2012-02-25-en

If you want more specific legal advice I suggest speaking to a lawyer......

 

[Webmail]

I am a bit skeptical when it comes to posts like these.

If it is your "neighbour" how did you find out it was them?

If this is a real post, I recommend you contact a lawyer.

 

[jberryhill]

Depending on the details, a UDRP could be appropriate, to the extent the domain name or your name was used as a common law trademark. For example, entertainer Clinton Sparks engaged counsel to pursue the expired "ClintonSparks.com":

https://www.adrforum.com/DomainDecisions/1843527.htm

Complainants are Clinton Sparks, an America DJ, and his company, Get Familiar Inc., which publishes and produces music owned by Mr. Sparks. Complainant has common law rights in the CLINTON SPARKS mark through its extensive and continuous use since 1999 as well as the fame of mark. The <clintonsparks.com> domain name was originally owned by Get Familiar Inc. since 2002 but which lapsed in July of 2017 due to a dispute with its agent who was responsible for managing the domain name. The domain was then registered by Respondent in 2017 and it is identical or confusingly similar to the CLINTON SPARKS mark.

[...]

Respondent registered and uses the <clintonsparks.com> domain name in bad faith, as Respondent is attempting to attract internet users for commercial gain by hosting a hyperlink to a third-party page that offers essay writing services for college students. Further, Respondent had actual knowledge of Complainant’s mark and it attempts to use Complainant’s mark to promote the relevance and search engine placement of the websites promoted through the <clintonsparks.com> domain name.

CarlCartee.com:

https://www.adrforum.com/domaindecisions/1724616.htm

Complainant, Carl Cartee, is a Christian recording artist, performer and minister who is the principal of Carl Cartee Ministries. Apart from his personal name, Complainant has used "Carl Cartee" as the name of his ministry, publications, in live performances and recorded works. Complainant derives significant revenue from the sale of musical albums and individual songs through a variety of retail channels, including Amazon.com and Apple Itunes. Complainant's albums are identified by title and each bear the prominent indication, "Carl Cartee", which identifies such albums as "Carl Cartee" recordings, and thus functions as a trademark apart from Complainant's personal name.

As discussed in further detail below, Complainant was until recently the registrant of the disputed domain name CarlCartee.com. The website was used by Complainant to promote sales of Complainant's recordings, and to provide news and information about Complainant's live performances, tour dates, and inspirational articles. Complainant's web site prominently included "CARL CARTEE" as a mark, as can be seen in the Annexes to the Complaint. Significantly, as has been appropriated by the Respondent, previous versions of the website included a prominent logo banner, also visible in the Annexes to the Complaint.


So, yes, if your personal name has been used as a domain name and also as a trademark for your site, and the domain name inadvertently lapses and is used in a way that is detrimental to you or otherwise seeks to tarnish or take advantage of your reputation, then a UDRP is an appropriate vehicle to address those circumstances.

The complainants in both of those proceedings noted above were represented by the same attorney. Whether this is appropriate for you depends on your specific factual circumstances.