Hello,

As numerous of you know, I'm working for an organization named "Can-Host Systems". We lately were built with a call from the company named "CanHost", available at the domain: www.canhost.ca concerning the similar title and they're tying to essentially rip our title off.

Now, my question here might not be at a good option, however i figured the solutions can help others too. Here it is going...

How will you discover EVERY details about a website hosting company? Here, I am talking about:
-Review
-Comments
-Corporation info
-Anything associated with a business

I know of hostinvestigator and deja.com (both gave results) and i'm searching for more information.

My second real question is... is it feasible, inside your opinion, to win a suit on the SIMILAR title (different)? If that's the case, what's the worst factor that may happen, beside investing 1000's of dollars onto it?

Also, is it feasible for any relatively large corporation to possess NO reviews anywhere will be able to think about?

Thanks, I thank you for help on that matter. In my opinion this information we are able to hand out here is going to be helpfull for just about any other hosting company / client available that need to know much more about what goes on when this type of situation occure.

(edited add-on) NOTE: we're not the main one attempting to win anything, we're the main one treatened by canhost.ca. I'm sorry which was not obvious :I

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[F?lix C.Courtemanche Web Design Service]
[Mind Designer Co-Admin]
[website owner@can-host.com]
[Can-Host Systems http://can-host.com ]

[This message continues to be edited by F?lix C.Courtemanche (edited 06-19-2000).]
If won by you a suit them over, it will likely be a landmark situation, and also to honest I do not think you should win, it might create a lot of problems. Hostingsolutions.com would sue hostingsolutions.net. Webhosting.com would sue webhosting.net and webhosting.co.united kingdom etc...

First of all the domain names will vary can-host.com and canhost.ca (different country and also the - between can and host).

CanHost.Ca appears to become trustworthy company and that i doubt they can know you exist, when looking at other domain names they may have checked canhost.com although not can-host.com, you've got no situation against them.

Next you do not own a trademark around the domain (based on search anyway) and you don't own an international trademark around the title. AND even when you probably did you'd have lots of trouble obtaining the domain because you appear to become buying and selling as CanHostNetworks.

How will you honestly have a much privileges to that particular domain?

Sorry for sounding harsh but it is just good sense.
Silly, silly, silly!!

This does not seem just like a suit you can actually win, nor would you should win it!

Besides, they registered the domain title before you decide to... So following logic, they ought to have the ability to sue you, right?


You skipped the purpose here...
canhost.ca is suing can-host.com due to title commonalities.

they're large, we're small, they were given lawyers and that we don't.
they're known as CanHost and that we are known as Can-Host Systems. We never heard about them before, and that i guess they found us because we are the initial rated on search engines like google usually whenever you key in "canhost".

We're not the "bad" men here... we're the main one being treatened.

------------------
[F?lix C.Courtemanche Web Design Service]
[Mind Designer Co-Admin]
[website owner@can-host.com]
[Can-Host Systems http://can-host.com ]
Additionnaly, once they known as us right now to tell us when we didnt gave them our names (can-host.com and may-host.org... can-host.net is possessed by another person) they'd do what they're doing to canhost.com... take us to the court. canhost.net and canhost.org left their domain for them and extremely we will not provide them with our domain names without anything. Their "big and trustworthy" company has its own primary domain registerd since september 1999... we're since november 1999... 2 several weeks over the age of us as you can tell.

If only to appologize if my stuff appears to become in the wrong place here, however i guess you know the way i can seem to be. Things begins to visit well and all of a sudden you're being treatened, someone really wants to 'steal' your domain names and traffic... It's difficult to maintain positivity.

These questions still stands.
How can you check information on a business??

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[F?lix C.Courtemanche Web Design Service]
[Mind Designer Co-Admin]
[website owner@can-host.com]
[Can-Host Systems http://can-host.com ]
How interesting. Two month distinction between registration. After I do various searches, they are available up first - each time. Actually, on a few Canadian entries that my searches cut back, can-host isn't listed whatsoever canhost is.

Being the obstinate person I'm, and since their title pops up so prevalently on searches, I wouldn't be inclined to rollover. However, you need to think this through: because of the character of these things in Canada, and also the cost that you'll incur consequently, it should be well worth the fight. It's interesting that they have selected to do something in this way, with things that I discovered on the general search. And to tell the truth, Irrrve never heard about you before you published for this board - and that i never heard about them before you published this. The things they don't appear to understand is the fact that you will find (literally) 1000's of website hosts, many concentrating on the same names. A lot of individuals, however, weren't registered within two several weeks of one another, with one approaching so frequently towards the top of searches.

Now, about finding information. I note from canhost.ca's whois that they're a "for profit corporation, government incorporated", etc. - when the rules offer a similar experience north from the border to individuals here, you will find likely to be filings (incorporation, tax filings), all of which are criminal record. For those who have anybody with a few legal research experience, or perhaps a friendly lawyer, you will get that information pretty inexpensively.

Best of luck - continue published, if you are able.



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Annette
Hosting Matters, Corporation.
http://www.hostmatters.com
I simply added that people *never* heard about them before. We're not even providing the same kind of services either... They appears to become more co-location and devoted oriented and that we tend to be more on website hosting.

Anette, would you produce the canadian listing you mentionned? I looked around and extremely I can not find anything.

After speaking to the traders, accountant and lawyer buddies, we emerged using the worst factor that may happen to us when they win: They are able to get all of the profits we made off this since we exist...

How great. I like laws and regulations such as this. You appear like someone? be careful, he may sue you and also obtain the cash out of your job (you never know)

Well i guess... We certainly will not kneel before them with this. When they really desire to loose their cash to get our title (wich is certainly nearly as good for all of us as them) so whether it is. They're an organization, but we've our business title registered and unless of course this registration means practically nothing (then why bother signing up?) I do not wee why they'd conquer this...

Well I really hope.

Allow me to help remind again that i'm searching for some methods to discover much more about this (canhost.ca) company, from online if at all possible.

Thanks and sorry to bother you with this particular :I


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[F?lix C.Courtemanche Web Design Service]
[Mind Designer Co-Admin]
[website owner@can-host.com]
[Can-Host Systems http://can-host.com ]
Felix,

I'll say that much : when they pursue law suit and win (and I am unsure if any court would declare in the favor, but stranger everything has happened), then not just will it be a legitimate landmark situation, but set the way in which for every other company/domain to assert its connected net names (see Admin's publish). I truly don't believe it'll happen, but who knows.

However, there's a means out...
You skill would be to take your situation to ICANN, the organisation accountable for handling domain title disputes. That which you basically have to do would be to convince ICANN that you've a claim that they can holding the can-host.com domain (through whatever legal papers you've) which you had been never planning to 'emulate' (coupled with never heard about) canhost.ca. On the other hand, Canhost.ca will have to condition why they are attempting to rip your title off, and when you are able to prove your situation to ICANN then their law suit technically needs to stop. ICANN's authority is worldwide, so canhost.ca *must* answer their claim.

Really, I am surprised that canhost.ca has threatened law suit rather than likely to ICANN - I question if they do not know about ICANN, or there is a more sinister agenda?

I believe this is actually the easiest way out for we suggest you allow it all you are able to prevent them.

The URL is : http://www.icann.org/udrp/udrp.htm

Also, see Duster's publish below. Duster is correct for the reason that only global companies would stand to possess a proper claim on domains. So ICANN is what you want.

The most effective of luck Felix! Keep me published, or e-mail me and I'll provide you with just as much help when i can (my e-mail's during my profile)

[This message continues to be edited by BC (edited 06-19-2000).]
Felix,

I have investigated the topic somewhat, together with other legalities concerning the Internet (libel, etc.) I have needed to reduce the chances of violation, including on my small business title (my diving site, not my server business). I ensured I understood what legal ground I had been sitting on, and I am acquainted with U.S. copyright law because it is applicable to web and net related issues. I am no attorney, making this not really a legal opinion, though I've read several cases and also the reasoning and ruling from the idol judges, together with relevant U.S. law.

Although do it yourself to protect her, they do not stand a possibility of winning. Here's why:

A website title isn't always associated with the organization title. It may be, but is not always. As you've stated, there's a positive change inside your corporate names, and may-Host Systems within the U.S. is clearly not CanHost in Canada.

Their title would need to be referred to as a unique global identity to be able to create a situation legitimate violation. For instance, Coca Cola is definitely an established worldwide identity. If anybody were built with a domain title which was some variant from it, coca_cola.net for example, Coca Cola could easily prove violation. That will most likely apply in other nations also, for example coca-cola.ca, coca-cola.p, etc. Obviously, the organization has affilates and bottlers worldwide, to ensure that helps.

Exactly the same wouldn't hold true for versions of "coke" because it is a diminutive espression and you will find generic items with that title (like coke utilized in smelting). To prove violation around the title "Coke", the domain utilizing it may likely need to be associated with sodas.

It's bad that other CanHost has this kind of inflated opinion of the title, as the company will need to pay for this. You will find easier ways they might make certain their title means something useful.

Make sure to tell us the way it works out.

[This message continues to be edited by Duster (edited 06-20-2000).]
Best Of Luck FELIX ! ! !
It isn't really very useful but the very best of luck to both you and your company, please Keep your board published...

Best Of Luck
Dominic Buono
sales@unixfusion.com
I did not mention ICANN's Universal Dispute Policy, though Yes, it, since i don't believe its useful. However, you should know from it and the things they require. This is actually the link.
http://www.icann.org/udrp/udrp.htm
Duster, you believe so? ICANN continues to be effective to get domains for companies back and tossing cybersquatters out within Australia, so that they have proven they are able to find a solution...
Update

From your last research, we learned that CanHost doesn't own a trademark on their own title. We believe this will greatly assist in this situation... as well as on that matter, anybody should register a trademark on their own title (we'll) in addition to copyright their site... Well it's not necessary to, but when you do not, you will get things like what's happening to us.

I beleive the major factor canhost.ca was relying on was fear. I hardly understand why anybody would do this... We're not doing anything against us, getting rid of our title won't stop us from doing our business and even when we disapear, that will not provide them with anymore clients either.

I am quite impressed using the attitude of a lot of the companies now... "I am bored... allows treaten and sue someone".

*sigh*
A minimum of, Now i think we've the various tools to protect ourselves if they would like to involves that, we is going to do it.

What bugs me probably the most about this... is they made it happen before and can most likely try it again.
From what I've come across, they own the domain names:

http://www.canhost.ca
http://www.canhost.net
http://www.canhost.org
http://www.hosting-uk.com
http://www.webhostingcanada.net
http://www.hostingcanada.net
http://www.canadawebhosting.net

Anybody having a title searching such as this... watch yourself too much. This might be a bluff, however i prefer to do without this type of factor!

Incidentally, thanks Annette for that links...
and Because of everybody, your help &lifier support is really appreciated

------------------
[F?lix C.Courtemanche Web Design Service]
[Mind Designer Co-Admin]
[website owner@can-host.com]
[Can-Host Systems http://can-host.com ]

[This message continues to be edited by F?lix C.Courtemanche (edited 06-19-2000).]
Understanding is energy. When you are aware your stuff, no-one can intimidate you. Even attorney letters are laughable oftentimes. I did previously respond for my department in another type of work years back and just used to I ever listen to one again (no, he did not get anywhere either). Many of them were so incredibly stupid it had become fun responding to them and pointing it, inside a gentle way.

BC, it isn't which i don't believe ICANN will not help, it is simply it is dependent around the conditions. I do not believe they'd have the ability to help during this situation, though I possibly could be mistaken. Cybersquatting generally describes individuals who've registered a title they've no real to. It is different from disputes on the common title , i.e., two legitimate companies concentrating on the same names.

Cybersquatters will also be generally domain title scalpers, a phrase I believe better describes them.
Initially published by Duster:
BC, it isn't which i don't believe ICANN will not help, it is simply it is dependent around the conditions. I do not believe they'd have the ability to help during this situation, though I possibly could be mistaken. Cybersquatting generally describes individuals who've registered a title they've no real to. It is different from disputes on the common title , i.e., two legitimate companies concentrating on the same names.
Point taken.

Situation closed.
Hi,
I don't determine if this can help, however i work with Key Bank and there's been a situation I believe 2 or 3 years when a business (bank really) registered a website title www.keybank.fr as well as other country extension. Key Bank filled legislation suit and won becuase the ICANN ruled that domain title was representing an organization. Our domain wasn't copyrighted nor registered like a trademark. I've been told by a buddy who lives (He's an attorney) that by Canadian laws and regulations domain title is recognized as representing a business if your domain title is identical title as registered corporation. Inside your situation they are doing possess a situation because can-host.com and canhost.ca represent area of the registered corporation title so that they may sue you. It is best to contact ICANN also to make sure they are less aggressive in your direction, file a counter suite against them. It might surely awesome them domn and sue for his or her title proclaiming that they removing your clients as well as their domain title signifies your organization. Also synergy along with other companies that they're sueing making one large countersuite. I am unsure on legal stuff, however i hope it will help.


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Sincerely,
Vlad Gil

[This message continues to be edited by Vlad Gil (edited 06-20-2000).]
Hi,

To begin with, although i don't think that your employed by the corporation. But things i think is that you simply own the corporation. Also your small business is not conducting business legally. I mean , you don't have a legitimate business title to conduct business. For those who have a legitimate business title with similar title e.g Can Host Network, LLC,etc you'll be able to own this domain title can-host.com so far as i understand off. Therefore you might want to choose whether you want to fight this situation, or change anther domain title. This time around having a legal business title to possess the sofa cover

Maybe i'm wrong in certain part, please correct me.

Vlad,

Not every situations are identical. The situation you reported together with your employer is different then the issue Can-Host Systems is getting. Yours would be a obvious cut situation of violation with a cybersquatter/scalper because the corporate title and domain title are identical, and it is likely a distinctive title (banks often make certain not one other bank has got the same title if unaffiliated). It's the Coca-Cola during my earlier example.

The situation with Can Hosts differs. It's about two legitimate companies concentrating on the same names quarrelling over versions within the domain title. There's an enormous amount of distinction between the 2 cases and they're not whatsoever alike

ICANN could be most useful using the former, although it allows the courts decide the second generally (unless of course it's obvious from corporate filings along with other conditions that certain company has obvious privileges towards the title).



[This message continues to be edited by Duster (edited 06-20-2000).]
Gordon,

Because you requested, I'll let you know your reason for wrong. You are making a belief that certain should be whether corporation or limited liability corporation to be able to have legal claim that they can a title. That's is really a false premise.

You will find causes of integrating, from separating personal belongings and responsibility from corporate ones, to tax issues. However, it's not essential to be able to possess a valid claim that they can a website title. It could allow it to be more powerful in some instances, but could stand by itself in lots of.

All that's needed by some states (like Florida) is you register your make believe title (dba) using the department of companies after posting it within the make believe names portion of a newspaper within the county of economic, or residence where there's no store (just like Internet only sites).

Having a sufficciently distinctive business title, and creating it before any claim jumpers appear, it is only as valid without incorporation just like. Check U.S. Copyright law. I've.

Now, what incorporation does (apart from other things), is allow it to be simpler and faster to prove a person's claim that they can the title, and frequently cheaper, within the situation of the dispute.

It stresses the necessity to choose a person's business title cautiously. Doing this often means not needing to register .net and .org together with all of the country domain names to be able to prevent encroachment. It's not necessary to stress about the very best level domain if no-one can make use of the domain title in almost any fashion.


[This message continues to be edited by Duster (edited 06-20-2000).]