Originally Posted by chewstick:
“that is not strictly true, there is nothing stopping you obtaining any domain if it's available and keeping it.”
there is also nothing stopping a random burglar to break into your house, obtain your TV and keeping it, what on earth is your point?
Originally Posted by chewstick:
“Having the domain but not posting anything to it is not illegal.”
no one suggested it was. there are however enough court cases where it was ruled that the person or company using a name first - which, given that only one person in this case is actually called Stella English, seems pretty easy to work ou who ist is - has more rights to the domain than any random entity to register it. that is where the good legal representation and helpful, i.e. someone with the first clue about how this interwebs thingie works, judge come in.
Originally Posted by chewstick:
“Also if the domain was bought on a USA website seller, then this could further complicate matters as different states in the U.S. have differing rules.”
rubbish. UK enitity A buys the domain concerning a UK entity B and the ruling is issued by a UK court for A to hand over the domain to B. another country is not involved at all.
BTW, it is not a website seller, it is called a registrar and they are merely a middle man in the process. but they definitely do not sell you a website.
Originally Posted by chewstick:
“yes slightly different to the stellaenglish domain but let me say that owning a domain is not illegal.”
not just slightly different but not even remotely relevant. if your claims are correct, you held the domain and traded from it 2 years before they ever existed. if at all you could have turned aroud and slapped them for snatching your domain. which is something i would probably have done, alone for the supposedly nasty phone call you received.
Originally Posted by chewstick:
“another case i heard of was someone in the US grabbing a domain similar to an up and coming rap artist, this person quickly set up the .com apparently after hearing a demo of this persons music. he then started making music of his own and trying to sell it from the site as Mp3's. this domain was stripped from the person as it was argued it would be damaging to the artists reputation and he was selling on the back of this persons name.”
and once more you make my point, i thank you kindly.
Originally Posted by chewstick:
“Michelle Dewberry would have to be taken to courtand it would have to be proved that she bought that domain for profit and personal gain”
if she has any sense, no. proving the intent of profit making is rather simple, as she redirects both domains to a site selling stuff. unless she makes no profit from her awesome business.
with the resources Stella has at hand now, i'd take Michelle the whole way and rip her a second bumhole for trying to be clever, if she didn't hand over the domains after a nicely worded letter.
Originally Posted by chewstick:
“you could say yes to that but i think it would need to be damaging stella englishe's reputation or businesses for a court to strip it away.”
having one's rights protected is now bad for reputation? on what planet exactly?