It is as well to remember that the internet can sometimes pose threats as well as opportunities for businesses. Hijacking traffic and enquiries intended for another’s website may take various guises some of which may be lawful and others not, but those who seek to do this for the purpose of criticising others are liable to come unstuck, as demonstrated in a recent domain name case.
The dispute in question involved a woman who registered a confusingly titled domain name and then used it to vent her criticisms of a firm of estate agents.
The woman was engaged in what was described as a 'lengthy, acrimonious and emotive' dispute with the firm and included the whole of its trading title in her domain name. The site directed browsers to another website, the content of which included scathing criticisms of the firm and its principal officers.
The estate agents argued that the domain name in question was very similar to its own and that it had been registered 'specifically to damage its business' by portraying the firm and one of its clients as 'rogues'. It applied to the Internet domain registrar Nominet to have the domain removed from the woman's control.
The woman argued that she had acquired the domain name 'legally and fairly' and submitted that her use of the domain name to host 'a not-for-profit campaigning site' was 'a fair use for the greater good'.
The Nominet expert appointed to rule upon the dispute on the .uk domain name noted that it was not part of his role to rule upon the merits of the background dispute. Under the rules to be applied under the applicable dispute resolution service policy, he needed to determine whether the registration of the domain name was abusive and duly concluded, "I take the view that the domain was registered for the purpose of unfairly disrupting the business of the firm and is therefore abusive." A slightly different test would have been applied in the case of a .com domain name which would have focussed on whether the domain name had been registered in bad faith. However, it is not suggested that the outcome would have been any different.
If you find that another person or organisation is using a trading style or Internet name which is similar to yours or which may cause damage to your business or, if you are concerned that action which you are contemplating may infringe the rights of others, it can be very important to take advice.
For further information, please contact us on the number above or fill in our online enquiry form.
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