Is this illegal?

ScarySquirrel

ScarySquirrel

ScarySquirrel

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I work for a digital media agency (web design basically)

Recently I proposed to a company for a new web build and along with it I proposed some domain names that fit their brand etc.

We didn't win the pitch, and to be honest, they were completely unreasonable in their feedback, but I won't go into that.

Having proposed about 10 domain names that are available, that fit their brand, would it be illegal for me to now register all of those in my name?

They are a huge company, so would have some money if they ever wanted to buy one off me....

I know this is quite selfish thinking, but never mind hey!
 
I think unless you can prove you have a valid reason for the domain names, 'they' can take them off you.
 
I don't think that it's illegal under statute, but do I think that unless you can prove you have a legitimate need for those domain names then it's cybersquatting and you'll be forced by a court to give them up if asked to.
 
But if you could prove that you gave them the idea for that name in the first place as part of a pitch for work would that not go in your favour?
 
There might be a clause in your work contract where your work retains intellectual property rights for anything you come up with at work, while working. Might be a problem there too.
 
There seems to be a lot of confusion with what is "Cyber Squatting" and what is just good "Domain Speculation".
Speculation is rather difficult these days as all of the "good domains" have gone.

It all really depends on if any generic terms are being used in the domain names or if specific brand names are used.
There is nothing to actually stop you from registering the domain names.
If they contact you then they can be ignored until such time that lawyers become involved.
At this point it is a lot cheaper to simply agree to transfer them over - maybe ask for the registration fee so you aren't out of pocket.
If they contact you asking for a "price" to sell the domains, do NOT give them one.
By offering a price you are willing to sell you give them everything they need to get them back, instead say as with all your domain names you are willing to listen to offers.
 
Take the mature approach and think "I didn't get the sale. Such is life." and just move on, leaving the domains unregistered.
 
stoofa said:
There seems to be a lot of confusion with what is "Cyber Squatting" and what is just good "Domain Speculation".
Speculation is rather difficult these days as all of the "good domains" have gone.

It all really depends on if any generic terms are being used in the domain names or if specific brand names are used.
There is nothing to actually stop you from registering the domain names.
If they contact you then they can be ignored until such time that lawyers become involved.
At this point it is a lot cheaper to simply agree to transfer them over - maybe ask for the registration fee so you aren't out of pocket.
If they contact you asking for a "price" to sell the domains, do NOT give them one.
By offering a price you are willing to sell you give them everything they need to get them back, instead say as with all your domain names you are willing to listen to offers.
Click to expand...
"Specualtion" is squatting. Unless you have a valid reason (and "I'm sitting on it because I know someone else will want it, and pay for it" is not valid) then the courts will order you to release it, should the want-to-be occupier take it to court. Think it's a joke? Check out the story behind mikerowesoft.com.
 
melbourne720 said:
There might be a clause in your work contract where your work retains intellectual property rights for anything you come up with at work, while working. Might be a problem there too.
Click to expand...

Sorry. What I meant was I would buy the domains as part of the company.

I'm sure the company would be pretty miffed if some of their ideas are used by a client who has turned down their ideas.
 
Dj_Jestar said:
"Specualtion" is squatting. Unless you have a valid reason (and "I'm sitting on it because I know someone else will want it, and pay for it" is not valid) then the courts will order you to release it, should the want-to-be occupier take it to court. Think it's a joke? Check out the story behind mikerowesoft.com.
Click to expand...

It doesn't matter.
The mikerowesoft.com was a one off and it has set absolutley no precedence on the way domain disputes are sorted out.
Domain Speculation is not squatting at all, it is looking at a domain name that anyone could register and deciding if its worth grabbing because at some point in the future somebody might want to buy it.
This is how people in the past have made a living - with the lack of domain names these days its not something you can do.
If I go and register jenthro.com and then in a years time a large company decides to release "The Jenthro" onto the market.
Did I squat the domain name?
No, I just liked the name, took a punt and in all likely hood will get a payday out of it.
I certainly wouldn't be made to hand the domain name over.

Sitting on the domain name with the express reason to make money out of a particular person is indeed classed as squatting.
21stcenturyfox.com is a classic example here - it was registered in "bad faith".
However domain names with generic terms are very rarely seen as squatting as nobody has the right to generic terms.
It is only when product/company names are used and again it is obvious who you are planning on making money from.

You should read the story behind nissan.com as a good example and why this is not held by the Japanese Car company.

Many people accuse other people of squatting on a domain name - usually because it is a domain name they want.
If john.com had been available when I first registered domain names all of these years ago and I got it - even though my name isn't John.
Should I be forced to release it to the first "John" that wants the name?
 
if the domain names were part of your pitch and the company decides not to go for the pitch then they suddenly deciding to nab them seems a bit offish.
Originally Posted by gumbald
Stick a dummy website on, claim you bought them for the pitch?
Thats what I'd do.

If they then decide to register those names, you can show that they are using ideas from your pitch.
Click to expand...

There might be a clause in your work contract where your work retains intellectual property rights for anything you come up with at work, while working. Might be a problem there too.
Click to expand...

+1 to what they said. But might be the case that your retain the IPR for stuff that you do. (e.g. so you can take it with you if you leave company for another company etc)
 
Won't a whois lookup on the domain show the date of registration? That date would be after the negative feedback you received and may not exactly work in your favour should things get nasty.

*EDIT*

Just checked, yes it will. Looked up my domain....

Relevant dates:
Registered on: 08-Mar-2007
Renewal date: 08-Mar-2009
Last updated: 11-Mar-2007
 
Cybersquatting is illegal but i don't think you can be criminally liable. Possibly taken to court for 'passing off' or other trademark law. Google should find a definitive answer for you. Or as other people have said there may be a clause in your CoE for this type of thing.
 
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