Internet law question regarding URL

[Venti]

Lets say that I have a franchised widget store. The naming theme of the widget company is "Widget of < insert city name >"

Suppose I open a franchise in San Francisco where a franchise did not previously exist, and as such, name my company "Widgets of San Francisco."

Now further suppose that another franchisee who has a store in San Jose (close to San Francisco), owns the URL, http://www.WidgetsofSanFrancisco.com and http://www.Widgetsofsanjose.com. Further, lets assume that I have attempted to buy the URL from the owner of Widgets of San Jose, who is not located in San Francisco and he was not willing to consider selling no matter what offer was made.

Assuming that the Widget Franchising company was also unable to assist me in this endeavor to get the URL for the city in which I operate is there any Internet Law that would be helpful to me?


Thanks in advance

[Xouqoa]

I believe there is, but I don't know the details of it or what it's called. =\

I remember a few years ago people thought it would be cute to go and buy up domain names that were people's names, so if they ever wanted to register it they could not. Legilsation was passed which forces them to hand it over now, I believe.

I would think there is something similar if you can prove you own a company and someone is squatting a domain name that is similar to your company name and you wish to use it, but I could be wrong.

[Cracc]

I think there is a possibility that you can purchase a wildcarded domain within a certain niche within reasonable limits also.. if memory serves me correctly i think the company who owns the sites like http://www.planetquake.com and the other planet sites did this, not entirely sure tho.. i might be totally of on this tho.

[masteen]

Or you can do it the old fashioned way: firebomb his store and kill his family.

[Aabidano]

You've got to take it to an ICANN arbitration panel I believe. In the case you described, if you can show harm to your business, you might have a chance. The two areas are close enough together that folks looking up the SF address could be reasonably expected to drive down to San Jose to do business. It's not like he's just a squatter.

http://www.icann.org/udrp/

I'd take it up with whoever you're licensing the franchise from also.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location

[Venti]

Thanks,

I was fortunate enough to the better senses of the other party and come up with a solution.

In other words, I knew longer words than him, so I won.

Thanks for the help!

p.s. I see someone fixed my title for me. Thanks...= /