Our brand as gTLD displaying ads related to our industry

[Ash]

Hi all, just wondering what options are available in this situation.

The .com version of our company website (xxxxxxxxx [.] com [.] au) has just recently started to feed ads that are related to our industry and targeting the Australian market.

To my mind, this is a blatant attempt to trade off our company's reputation.

Is initiating a Uniform Domain-Name Dispute-Resolution Policy the best course of action or can you suggest another?

Thanks.

 

[DavidL]

I'd hit Google up with evidence of your TM/Brand and they should be able to prevent the guys from using your TM in their Adwords.

 

[Ash]

I'd hit Google up with evidence of your TM/Brand and they should be able to prevent the guys from using your TM in their Adwords.

Hi David, thanks for that.

Just spoken to Google and apparently it's not their problem because when you search xxxxxxxx, the .com does not advertise using adwords in the SERPs.

Actually pretty confused after that call...

I was told there's no problem with the .com site because Google don't control the domain names that people register and they are paying the owner via adsense.

Well, that's exactly my concern. The domain owner is using our local reputation and search volume to display industry related ads.

Am I barking up the wrong tree - they don't quite look like google ads to me?

 

[snoopy]

I really doubt this is any "blatant attempt", it has likely autotargeted to what people are looking for when they go to the .com.

There is numerous companies called "xxxxxxx" and they all look to be involved with realestate for obvious reasons. It is a sad day when domainers start talking about filing UDRP's in this type of situation.

 

[Ash]

Hi Snoopy, I like to look before I leap... that's why I asked here first for advice.

 

[snoopy]

Hi Snoopy, I like to look before I leap... that's why I asked here first for advice.

I think you need to try and buy the name if it is an issue or advertise on the site. The problem really comes down to lost traffic it would seem, so that stems from not buying the domain. Having said that I really doubt it is any significant loss from .com.au to .com.

 

[Ash]

Thanks Snoopy.

Appreciate the advice. Aim is not to hijack their domain but to protect our brand.

Still very green in the world of domaining so here's my logic behind the post:

• .com has not previously shown real estate related content/advertising (thus broad-sweeping statement of 'blatant attempt')
• Had considered offer to purchase - held back from saying so in a public forum (yes I appreciate the irony).
• Not 100% up to speed on UDRP - solely for disputing ownership, or can be used for requesting change of content if found in breach?

Cheers.

 

[Cooper Mills DomainLawyer]

Ash
UDRP is for blatant cyber squatting cases. While I wont assess prospects of success or otherwise in a UDRP now, the biggest mistake people often make is not trying to buy the domain, I have seen many situations where an auDRP or UDRP is filed, costing about $6000 with legal fees (or in one case as David is familiar with, upwards of $30,000!), when a $3000 offer would have purchased the domain.

 

[Ash]

Thanks David, Snoopy and Erhan for your considered responses.

Offer to purchase seems the obvious option to recoup lost traffic. Domain in question has been on company's radar for some time but the powers that be deemed it harmless until recently they realised it was advertising in our same industry.