sabolchi
Sep 26 2003, 09:49 PM
www.racksahck.net
Almost looks like rackshack.. but goes to
http://www.netsonic.net/
Isn't stuff like that illegal?
PleaseBringUsUp
Sep 26 2003, 09:56 PM
Nothing Illegal about it. It would be illegal , if the name was trademarked however.
It is unprofessional of netsonic to even do it, but that is there reputtation.
lpirlet.net
Sep 26 2003, 11:39 PM
Yup... it's not illegal unless the name is a registered trademark. The act is known as "cyber squatting" or "typo squatting". It is looked down upon... but it still happens.
Erwin
Sep 27 2003, 12:06 AM
Rackshack may not be a registered trademark but it can still be a common law trademark and be protected, especially if prior use and reputation can be established.
Starpoint
Sep 27 2003, 06:57 AM
I am not sure if "Rackshack" is/was trademarked, but this new site has the jump on the bsd offerings..
face it, Ensim and all the other control panels are going to offer their wares to hosting companies, and hosting companies are going to compete.
RS/Ev1 was not the first hosting company out there that offered "server rental" so if you can be sued because someone else acted on your idea, then god help our courts
Starpoint
Sep 27 2003, 07:06 AM
from perusing that site... the DO offer true COLO too...
and only 500 Gigabyte of data xfer a month...
gotta say thats decent.
plus they have posted some form of SLA... like 2 hour hd replacement on their dedicated servers..
seven
Sep 27 2003, 07:41 AM
Them basically trying to make a profit off of typos of another company's website address is as unethical as what VeriSign has done in my opinion. Enough for me to steer clear of them.
Erwin
Sep 27 2003, 08:00 AM
QUOTE
Originally posted by Starpoint
I am not sure if "Rackshack" is/was trademarked, but this new site has the jump on the bsd offerings..
You don't have to register a trademark for protection... there is common law protection that exists... Registration gives you rights under legislation, but under common law trademark protection exists. So EV1/ RS can take action if they wish to, as far as I can see.
Rich2k
Sep 27 2003, 08:25 AM
Doesn't it also break ICANN's rules as passing off?
doug357
Sep 27 2003, 09:17 AM
Nice find, I think it is unethical but illegal / worth fighting, dought it.
Rich2k
Sep 27 2003, 05:10 PM
From the Uniform Domain Name Dispute Resolution Policy
QUOTE
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present
I would say that RS (sorry EV1Servers) could get that domain terminated if they wanted to.
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