I've always been an aspiring writer with an interest in food. Back in 2000, I started writing a monthly computer review column for a magazine. The next year, I thought it would be nice to develop a website where I could review local restaurants. I tried to come up with something that had alliteration. Let's say that I live in Dola, and I ended up thinking "DolaDining.com" (not the real name) would be a good website. I saw that no one had registered it, and hemmed and hawed for about 3 weeks trying to decide whether to spend the 10 bucks to register it, trying to decide if I would really get around to doing anything with it, etc. Then I finally decided to get it, and suddenly found that it was taken. It almost seemed to me that someone had noticed my checking out the domain name, and decided to buy it. Well, I decided then that I definitely wanted it, and I spent the lion's share of my tax refund that year (I think early 2002) to purchase it from that guy.
One thing led to another, and I ended up getting a job, getting married, having kids, and then fixing up an old duplex while doing freelance writing for a couple of magazines and a newspaper. I kept the domain name registered, but didn't think I had the technical know-how or the time to actually do anything with the domain. For a short time, I considered trying to work out something with the publisher of the paper I was writing for, but shelved that idea when he was late with payment for articles a couple of times in a row.
Lo and behold, about a month ago somebody left a message on my answering machine asking me how to transfer the domain. He claimed to be the former editor of a local paper (not the one I had freelanced for) that had a dining section, and he wanted info on how to transfer it to a new owner. I explained that I meant to develop it into a blog that had local restaurant reviews, and that I had purchased it, but that I supposed I might sell it if the offer was high enough. He claimed they had ownership of the name, and then told me he was in contact with an interested party. He wanted details about how much I had paid, when I had purchased it, etc. In exchange, he said he would put me in touch with the interested party. I didn't like his changing story, nor how I started to feel like he was just digging for information, so I decided not to answer him any more.
About a week later, I got a message from a woman on my answering machine. She gave her name, then followed up with "from Dola Dining". She said she was interested in purchasing the domain name. Now at this point, I'm rather miffed, to put it mildly. Someone is going around using the name that I had registered over 7 years ago, and which I thought I had sole use of. I almost decided to contact her and tell her that she was just going about the process wrong, and that if she would just send me a concrete offer in writing, I would consider it. However, after mulling it over a few days, it actually served to finally get me off my butt and do some research. I realized I could set up a blogger account with Google and accomplish most of what I wanted to do in the short term with the domain name - at no cost. I could set up a blog, link it to my domain, and post restaurant reviews for places I ate 3 or 4 times a month. With Google Adsense enabled, I might even make a few bucks to help pay the tips. (not to mention I can write off the cost of eating out on our taxes)
So, I set up the website, and I've now posted my second restaurant review to it. After doing this, I decided to do some research on the woman who wanted to buy my domain. The situation is worse than I thought. It turns out that she has registered my "Dola Dining" name on twitter, on facebook, on myspace, etc. This means I can't even set up an account on any of those services using the name from my registered domain name - she already has them.
The worst thing is that she seems to have found a way around the fact that I legally have the "doladining.com" domain name. She has used some service called the "ning network". (ning.com), which has allowed her to set up a base website at "doladining.ning.com". Since she has been doing this for a year, or maybe a year and a half, she gets the hits for anybody doing a search for "dola" and "dining". She has actually set up a bunch of other blogs, entries on local websites, and other things which purposefully have links to her "doladining.ning.com" website, so that it will show up in loads of searches.
I think I have the better domain name, but at this point I'm wondering if it even matters. Even though I registered the "Dola Dining" (again, not the real name) domain on the internet ~5 years before she started the food blog, or the "doladining.ning.com" website, as far as I can tell this still won't allow me to force her to stop using my name on Twitter, facebook or other social linking websites that will drive loads of searches to her website. And since I would have to use a different name from my domain name if I registered on those services, it seems like her registering first there really limits my ability to bring in new viewers - not to mention it confuses the heck out of anybody - makes them think that she is the official "Dola Dining" website. That is how she presents herself - even to me when she called on the telephone. I'm just not sure what the precedent is when it comes to a name that is modeled after the place you live. In this case, it is just the city name, plus "Dining". I thought I had that sewed up when I noticed nobody else was using it in the papers or online at the time, and I purchased it outright.
Am I screwed?
One thing led to another, and I ended up getting a job, getting married, having kids, and then fixing up an old duplex while doing freelance writing for a couple of magazines and a newspaper. I kept the domain name registered, but didn't think I had the technical know-how or the time to actually do anything with the domain. For a short time, I considered trying to work out something with the publisher of the paper I was writing for, but shelved that idea when he was late with payment for articles a couple of times in a row.
Lo and behold, about a month ago somebody left a message on my answering machine asking me how to transfer the domain. He claimed to be the former editor of a local paper (not the one I had freelanced for) that had a dining section, and he wanted info on how to transfer it to a new owner. I explained that I meant to develop it into a blog that had local restaurant reviews, and that I had purchased it, but that I supposed I might sell it if the offer was high enough. He claimed they had ownership of the name, and then told me he was in contact with an interested party. He wanted details about how much I had paid, when I had purchased it, etc. In exchange, he said he would put me in touch with the interested party. I didn't like his changing story, nor how I started to feel like he was just digging for information, so I decided not to answer him any more.
About a week later, I got a message from a woman on my answering machine. She gave her name, then followed up with "from Dola Dining". She said she was interested in purchasing the domain name. Now at this point, I'm rather miffed, to put it mildly. Someone is going around using the name that I had registered over 7 years ago, and which I thought I had sole use of. I almost decided to contact her and tell her that she was just going about the process wrong, and that if she would just send me a concrete offer in writing, I would consider it. However, after mulling it over a few days, it actually served to finally get me off my butt and do some research. I realized I could set up a blogger account with Google and accomplish most of what I wanted to do in the short term with the domain name - at no cost. I could set up a blog, link it to my domain, and post restaurant reviews for places I ate 3 or 4 times a month. With Google Adsense enabled, I might even make a few bucks to help pay the tips. (not to mention I can write off the cost of eating out on our taxes)
So, I set up the website, and I've now posted my second restaurant review to it. After doing this, I decided to do some research on the woman who wanted to buy my domain. The situation is worse than I thought. It turns out that she has registered my "Dola Dining" name on twitter, on facebook, on myspace, etc. This means I can't even set up an account on any of those services using the name from my registered domain name - she already has them.
The worst thing is that she seems to have found a way around the fact that I legally have the "doladining.com" domain name. She has used some service called the "ning network". (ning.com), which has allowed her to set up a base website at "doladining.ning.com". Since she has been doing this for a year, or maybe a year and a half, she gets the hits for anybody doing a search for "dola" and "dining". She has actually set up a bunch of other blogs, entries on local websites, and other things which purposefully have links to her "doladining.ning.com" website, so that it will show up in loads of searches.
I think I have the better domain name, but at this point I'm wondering if it even matters. Even though I registered the "Dola Dining" (again, not the real name) domain on the internet ~5 years before she started the food blog, or the "doladining.ning.com" website, as far as I can tell this still won't allow me to force her to stop using my name on Twitter, facebook or other social linking websites that will drive loads of searches to her website. And since I would have to use a different name from my domain name if I registered on those services, it seems like her registering first there really limits my ability to bring in new viewers - not to mention it confuses the heck out of anybody - makes them think that she is the official "Dola Dining" website. That is how she presents herself - even to me when she called on the telephone. I'm just not sure what the precedent is when it comes to a name that is modeled after the place you live. In this case, it is just the city name, plus "Dining". I thought I had that sewed up when I noticed nobody else was using it in the papers or online at the time, and I purchased it outright.
Am I screwed?
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