I agree.  This domain.  It's not theirs yet.  They haven't bought it, rented
it, leased it, or whatever.

It's a .com right?  If it was the Brazillian extension (.br or whatever),
then I would think about it harder.  But if it's a .com, net or org, then
that's like no-man's land.

It's also pretty obvious that it's not actually a trademark of theirs.  If
it was, they would have bought it already.  It also can't be copyrighted
because, since they did not buy the domain, they do not have rights to that
domain.

So yeah, DO IT!

- Ben

PS:  What is their COMPANY name?  Is it related to the domain?  I'm reminded
of a dotcom legal case.  MySimon (ever hear of that?) was under heavy fire
because of mysimon.com.  It turns out a small real estate business called
Simon R.E. or whatever sued internet.com (the owners of MySimon) for the
domain.  I think they won too.

PPS:  A lot of that information is probably totally wrong, but the general
story is true.

----- Original Message -----
From: Lauren Hanka <bluejay(at)starband.net>
To: D Benfer <dmb(at)mokee.com>; <hwg-techniques(at)hwg.org>
Sent: Saturday, July 28, 2001 8:36 PM
Subject: Re: Domain Name Advice


> Just DO IT!
>
> Lauren
>
>
> ----- Original Message -----
> From: "D Benfer" <dmb(at)mokee.com>
> To: "Hwg-Techniques" <hwg-techniques(at)hwg.org>
> Sent: Saturday, July 28, 2001 7:35 PM
> Subject: OT: Domain Name Advice
>
>
> >
> > Sorry about the OT post, but I have been asking everyone under the sun
> about
> > this and who better to ask then my fellow web-design compatriots??
> >
> > I recently saw a domain address that is available which I was shocked
was
> > available. I wondered why on earth this domain hadn't been snagged up
> > sooner. It's not the next 'Ebay' or 'Yahoo', but a decent website addy
> > nonetheless. Anyway, I did a brief search through some search engines
and
> > the domain name did pop up. It is listed on a Brazilian website. The
> notice
> > at the bottom of the site says, "(c) Copyright <MY ADDY>" (No, I won't
> give
> > out the domain, as I still have not registered it yet). But their web
> > address is on a FREE server, not on the actual domain itself! They don't
> own
> > the domain name! I translated the site, and it says "Coming Soon". It
also
> > says "All Rights Reserved". So I went to do a US Copyright Office search
> via
> > their telnet system, but it must be down. Keeps kicking me off.
> >
> > SO ANYWAY... Here is my question to all of you: Do I go ahead and snatch
> up
> > the domain before them?? Obviously they have plans for it, but the name
> fits
> > a new set of tools we've been working on so darn perfectly I don't want
to
> > let it go. All the page they have up shows is a place to sign up for a
> > service they will be producing soon. I've searched all over and they
> > actually have placed ads on some other Brazilian sites with the domain
> > address in the ad!
> >
> > Advice is greatly appreciated.
> >
> > Darren Benfer
> > dmb(at)mokee.com
> >
> > "I never truly grew up, I just learned to behave in public."
> >
>
>

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