Competitor registering similar domain
Competitor registering similar domain
Author
Discussion

AB

Original Poster:

20,478 posts

224 months

Thursday 10th May 2018
quotequote all
Quick question, we have ourproduct.co.uk and a competitor has registered ourproduct.uk - fine, not sure there's a huge problem with that?

However, what they have done is put a holding page up saying we have gone out of business and can no longer supply our product in the UK.

We have exclusive UK distribution on this item, they sell a competitors item. We were alerted to this by a current customer who was speaking to a colleague of his about getting one of our products, only for his colleague to suggest that we were no longer in business.

He was told this by a sales rep for the other brand and pointed to the website.

Is there something we can do about this? I spoke to the hosting company who pointed me in the direction of Nominet who then said they couldn't do anything without intervention from a 'crime agency'.

Is this something I can take further? Would a crime agency be interested?

It's got a slightly different email address and a phone number which says "this number is no longer in use" so anyone who stumbled across the website would think we actually had disappeared.

Doesn't help that our company name is "Our Product UK" so I guess realistically people could be finding that website.

Advice appreciated!


Toltec

7,179 posts

252 months

Thursday 10th May 2018
quotequote all
I thought the .uk domains were still protected and only available to the owner of the equivalent .co.uk domain until June 2019. Sounds like they may have pulled a fast one to get hold of it.

https://www.theukdomain.uk/do-i-have-uk-rights/


Harpoon

2,524 posts

243 months

Thursday 10th May 2018
quotequote all
When did you register the .co.uk domain?

https://www.theukdomain.uk/uk-rights-faqs/

IIRC, rights the .uk domain should be reserved for 5 years from June 2014.

Nominet's DRS should also cover this:

https://www.nominet.uk/domains/resolving-uk-domain...

Nominet DRS said:
Not quite sure what constitutes an abusive registration? Take a look at these examples included in our DRS Policy:

The domain name was registered with the primary purpose of disrupting the Complainant’s business
The domain name has been used to confuse internet users
Straight back to Nominet for me.

ElectricPics

761 posts

110 months

Thursday 10th May 2018
quotequote all
The problem with nominet is that their processes are at least as quick as a dead sloth. While starting that off I think you need to have a chat with a commercial solicitor as these people are interfering with your business by putting up false information.

anonymous-user

83 months

Thursday 10th May 2018
quotequote all
I'd be focussing on the commercial side.

This is very similar to "passing off" - it may even be the same but I am feeling very thick today due to lack of sleep.

Speak to a commercial lawyer, letter to stop them first then sue for damages - if you have any.

mgv8

1,657 posts

300 months

Thursday 10th May 2018
quotequote all
Trading standards and a good solicitor is the way forwards.

AB

Original Poster:

20,478 posts

224 months

Thursday 10th May 2018
quotequote all
We have only had the .co.uk domain for 2 years, since June 2016 (there or thereabouts) and therefore looks like we don't have automatic rights to the .uk domain?

The .uk was registered by our competitor in November 2017.

I don't see an issue in giving you the addresses...

Domain is cj-optik

anonymous-user

83 months

Thursday 10th May 2018
quotequote all
Unbelievable.


Zippee

14,128 posts

263 months

Thursday 10th May 2018
quotequote all
desolate said:
Unbelievable.
Quite - They've even practically copied your phone number. As above a good solicitor is required pretty sharpish as they are 100% trying to pass your business off as closed.

esxste

4,292 posts

135 months

Thursday 10th May 2018
quotequote all
Work out how much it's costing your business, and if its worth lawyering up and taking them to court. They're even using your company logo.

Pursue Nominet hard. This is a clear attempt to disrupt your business.

Pay google to ensure your website is top of the results.


InitialDave

15,110 posts

148 months

Thursday 10th May 2018
quotequote all
They're using your logo, aren't they? Cheeky bds.

And switched two numbers in the phone number around to make it seem like yours at a glance.

And put a map on the page that shows your location, not theirs.

randlemarcus

13,646 posts

260 months

Thursday 10th May 2018
quotequote all
While waiting for what looks like a clear cut Nominet case, you might want to have a look at issuing a takedown notice to the webhost. They seem to be using your logos etc, which is a clear No-No.

Never done it before, so you might want to look at the process - do you have to write to the competitor first etc etc. Make sure you save screenshots , archive pages etc before getting in touch with folks.

PAULJ5555

3,554 posts

205 months

Thursday 10th May 2018
quotequote all
Zippee said:
desolate said:
Unbelievable.
Quite - They've even practically copied your phone number. As above a good solicitor is required pretty sharpish as they are 100% trying to pass your business off as closed.
A good solicitor will cost you about 10k to take this through court, thats what I was quoted with passing off and that was a small local firm

Zippee

14,128 posts

263 months

Thursday 10th May 2018
quotequote all
PAULJ5555 said:
Zippee said:
desolate said:
Unbelievable.
Quite - They've even practically copied your phone number. As above a good solicitor is required pretty sharpish as they are 100% trying to pass your business off as closed.
A good solicitor will cost you about 10k to take this through court, thats what I was quoted with passing off and that was a small local firm
But how much could this cost in lost business?

woodyTVR

623 posts

275 months

Thursday 10th May 2018
quotequote all
Do you know for sure it's the competitor that's registered the name?

AB

Original Poster:

20,478 posts

224 months

Thursday 10th May 2018
quotequote all
InitialDave said:
They're using your logo, aren't they? Cheeky bds.

And switched two numbers in the phone number around to make it seem like yours at a glance.

And put a map on the page that shows your location, not theirs.
Yes to all of this.

Also they've slightly changed our guys email address on the bottom so emailing it would result in a bounce back.

I don't think it's going to have had a huge impact on our business to be honest, although who really knows whether people have seen it and gone elsewhere.

Not something I want to spend too much time and effort on, Nominet have been useless.

anonymous-user

83 months

Thursday 10th May 2018
quotequote all
Would the company for which you are the distributor take action against the imposter?

Edited by anonymous-user on Thursday 10th May 12:57

Butter Face

34,852 posts

189 months

Thursday 10th May 2018
quotequote all
That is absolutely batst crazy rofl

What kind of psycho thinks this would be ok?!

Ed/L152

494 posts

266 months

Thursday 10th May 2018
quotequote all
AB said:
However, what they have done is put a holding page up saying we have gone out of business and can no longer supply our product in the UK.
Sounds like you have potential for a successful case against them. Solicitor time.

You may also be able to have the domain taken off them - this is clearly domain-squatting.

Edited by Ed/L152 on Thursday 10th May 13:04

eldrich

98 posts

107 months

Thursday 10th May 2018
quotequote all
Download/photo the site then a letter to them demanding this to be taken down immediately along with notification that you intend to seek damages.

It appears to be hosted on an amazon server so an email to them too pointing out this might be in order too.