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Domain name hijacked!
Hi all, I'm new here so sorry if this is in the wrong place.
A friend of mine is having major problems and I've offered to help but need some advice.
His company name is e.g. Furry Widgets and he had furrywidgets dot com
Unfortunately when he split with his partner, because the domain was in her name she refused to give him the use of it.
This was no probs for the past couple of years as she never used the domain but now she has set up a rival company and revitalised the domain name. The previous links power means that if you search for Furry Widgets she is number 1 in Google.
The competition is not a problem it's just she is stealing all the people that are looking for his company.
2 questions:
1) Would Google listen to a plea that people aren't finding the webpage they are looking for?
2) Is there a way to legally try to get the domain name back?
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Spaggie, is probably correct.
However, this is an SEO forum, not a legal service. Have your friend contact the local bar association and get an attorney specializing in business law. There *could* be something in the previous arrangement that could help your friend out.
In all likelihood though... your friend is just screwed.
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I suggest he tries to worm his way back in with his partner. Buy her flowers, take her for a meal, drive her to the movies, and when she's unsuspecting pull a fast one and get that domain back!
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Unless you previously registered the company name and were doing business under it. You probobaly have no legal recourse.
Speak with an attorney, however though very irritating it may just be in your best interest to get your own domain and push your company name above her site.
Remember though you cant trademark "Blue widgets" but you can trademark Jon's custom blue widget co.
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Quote:
Originally Posted by googler
Unless you previously registered the company name and were doing business under it. You probobaly have no legal recourse.
Sorry - I missed that point, yes the company is fully registered and has been trading under the name for about 5 years previously
The company name has now become very well known and the problem is when people search for the company name they are finding her site instead. She has a holding page on the domain that says "if you are looking for "Company Name" then visit our new webpage here ..." which points to her new site
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I suppose the best thing to do would be contact all the webpages that link to the old domain, get them to point to to the new domain instead and try to kick her *** at SEO!
I guess I just wanted to know if you had any legal hold over a domain name if that was your company name and also if Google would be bothered about it seeing as they claim they always want the searcher to find what they were looking for and not be duped into going somewhere else
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Quote:
Originally Posted by BigT
Sorry - I missed that point, yes the company is fully registered and has been trading under the name for about 5 years previously
The company name has now become very well known and the problem is when people search for the company name they are finding her site instead. She has a holding page on the domain that says "if you are looking for "Company Name" then visit our new webpage here ..." which points to her new site
I would definitely drop a couple hundred bucks on some good legal advice here.
If you were operating under the company name and she is using a website domain which is that company name to get customers to a different location then it sounds like you may have a case.
A well written legal letter may do the trick if the flowers and dinner fail !
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Google don't care, it's all algo*
*may not be true, they may have people sitting and hand cranking some keyphrases but they don't like to talk about it so they keep these guys in the basement next to Milton's desk)
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Quote:
Originally Posted by BigT
1) Would Google listen to a plea that people aren't finding the webpage they are looking for?
No
Quote:
Originally Posted by BigT
2) Is there a way to legally try to get the domain name back?
Yes. If...
a) his company name (that he owns totally) is 'Furry Widgets'. If it is a generic phrase that you haven't trademarked it will be more difficult, but it is probable that you would win given the circumstances of her owning it.
or
b) his Company name is 'Furry Widgets' and she is in direct opposition (selling the same stuff) but her company name is 'Fuzzy DooDaas'.
or
c) if they were married and the company was assigned to him in the divorce (then it could be argued that FurryWidgets.com was a company asset)
or
d) if the funds that originally paid for FurryWidgets.com came from a bank account that he controlled 100% (not shared with her) even though the domain was registered in her name.
I would try the softly softly approach first and write to her asking her to hand over the domain name before you take legal action. Give her a deadline of 7 days. If she doesn't respond, go see a Lawyer.
Good luck!
Last edited by JaneCompersNews : July 1st, 2009 at 01:49 PM.
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yup, I like that advice too...you DO need to speak to a lawyer tho FIRST....ie go and get your legal advice first...and then try the personal approach but with the strength of knowing what will happen next...
oh, and in the meantime, do some domain name strategizing...and buy up all the 'close' similar names for TLDs and cc in and around you!
Jim
__________________ Jim Rudnick MCSD
Canadian SEO
Twitter: JVRudnick
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Quote:
Originally Posted by Spaggie
Google don't care, it's all algo*
*may not be true, they may have people sitting and hand cranking some keyphrases but they don't like to talk about it so they keep these guys in the basement next to Milton's desk)
Yeah, I didn't really expect the intervention team to get involved here but there is also the "Dissatisfied? Help us improve" button when you are logged in where you can contact Google with reasons you do not like the results.
I think I'll try it but won't expect a result in a hurry!
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Quote:
Originally Posted by JaneCompersNews
No
Yes. If...
a) his company name (that he owns totally) is 'Furry Widgets'. If it is a generic phrase that you haven't trademarked it will be more difficult, but it is probable that you would win given the circumstances of her owning it.
or
b) his Company name is 'Furry Widgets' and she is in direct opposition (selling the same stuff) but her company name is 'Fuzzy DooDaas'.
Good luck!
a) & b) are definitely true and maybe d) too.
The softly softly approach has been tried a few times over the past couple of years so legal letter is the only way forward I think
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