Legal Question in Technology Law in Florida

Domain liability?

I own OrlandoDevelopment.com along with some other city development combinations. A man from a company called Orlando Development is trying to get the name. Just because you name your company something does that mean that the corresponding domain name is yours automatically?


Asked on 10/09/02, 3:50 pm

1 Answer from Attorneys

Tiffany Lanier Tiffany J. Lanier, P.A.

Re: Domain liability?

It depends on what you intend to use those development names for. Did you register the name for the sole purpose of auctioning these names in the future? Do you have companies or do you do things that deal with Orlando Development? Did you register the names knowing that there were other entities that may want to buy the name in the future?

So the short answer is no, a company that does something similar to the domain name does not automatically give them the right to the domain name too. If they were diligent that could have bought the name previously, and not use it until they were ready for a very reasonable price. But, if it was your intention to buy this name knowing that this company was out there and that it was your intention to sell the name to them in the future for big bucks, then that is called cyber-squatting. For instance, you probably wouldn't get away with registering the name Burger King and then holding it out for big money for the Burger King Corp. to buy it from you. Hope this helps. If I can be of further assistance, please do not hesitate to contact me.

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Answered on 10/09/02, 4:39 pm


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