Legal Question in Business Law in New York

Website Removal

Hello, I am the owner of a online business registered in the state of New York. My business name is MMOFactory Inc. My question is targetted towards more to online-based legal matters. The situation is, there is a website name mmofactory.com that practices the same business as my company (mmofactory.net). I was forced to use the .NET address because the .COM was already taken by the time I registered this name. To my best understanding, the .COM company is a registered business in the country of China but the website is registered in New York. I would like to know if it is at all possible to remove .COM address and take over this domain name? The name of my company has not been trademarked either.

Thank you for your time.


Asked on 10/16/06, 8:25 pm

1 Answer from Attorneys
Kaiser Wahab Wahab & Medenica LLC

Re: Website Removal

One quasi-legal route you may have is the Uniform Dispute Resolution Policy (UDRP). It is routinely used to challenge registrations of domain names that infringe on a trade name. The underlying basis for such a claim is the showing of actual good will in your trade name as opposed to a registered trade mark per se. The advantages of the procedure is that it is arbitration based and can be filed anywhere as opposed to most forms of litigation.

You can read more about the procedure here:

http://wrlawfirm.com/Articles/wrm.article.UniformDisputeResolutionPolicy.html

If you have any further questions or wish to pursue such an action, feel free to contact my office.

I hope all is well and that you find the artcle useful.

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Answered on 10/16/06, 9:07 pm


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