November 2006

Monthly Archive

I Lost My Web Domain, Can I Force The New Owner to Sell It Back to Me?

Summary

I own the trademark [xyz]. I recently, due to an email mixup, lost the legal ownership to my website [xyz.com ].

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I own the trademark [xyz]. I recently, due to an email mixup, lost the legal ownership to my website [xyz.com ]. Is there a specific statute that protects my ownership of this particular domain, and can I force the buyer to sell it back to me?”

If you do indeed hold the Registered Trademark on that name, under the rules of the Internet Corporation for Assigned Names and Numbers (ICANN), it is possible to force a “cyber-squatter” to give your domain name back to you. Many cyber-squatters are parasites looking to make money off your domain name. They skulk around domain registries watching to see when domain names expire and try to take advantage of a lapse in a domain name registration, hoping they can capitalize on any existing traffic to the site, or maybe just shake you down for some money to get it back.

Many of the early cyber-squatting trademark cases were resolved (usually in favor of the trademark holder) through lengthy and costly lawsuits. But under an ICANN policy called the Uniform Dispute Resolution Process (UDRP), there is an expedited administrative procedure to resolve such disputes without the cost and delay of court litigation. To learn more about the UDRP, visit: http://www.icann.org/faq/#udrp


Ray Everett-Church is a privacy and security consultant with PrivacyClue LLC and is co-author of "Internet Privacy for Dummies" Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

I’ve Been Widowed Before the Age of 50, What Social Security Benefits Am I Entitled? Do I Need to Get My Will Notarized?

I am 47 years old, was married 13 years and divorced, then remarried and became a widow at 47, we were married 12 years. I am on soc sec disability, I was told I basically cannot be a widow at this age by soc sec.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I am 47 years old, was married 13 years and divorced, then remarried and became a widow at 47, we were married 12 years. I am on soc sec disability, I was told I basically cannot be a widow at this age by soc sec. how absured. My daughter who was twelve and from my second marriage died on 12/2/05, then my husband passed on 2/14/06. What help can I get if any. Also, does my will that I wrote only need to be notarized??”

As near as I can tell, Social Security widow benefits, even for a disabled person, would not kick in until the age of 50 unless that disabled person also has minor children (See e.g. SSA Publication No. 05-10084, July 2006, ICN 46854). So it would seem that under the facts of your situation, Social Security widow benefits might not be available to you for a few years, if at all.

My research shows that a witnessed will does not need to be notarized except in Louisiana. If the will is notarized, it may be easier to validate (”self-proving” document). So while notarization may not be required, it does not hurt. Laws vary from state to state, so consultation with an attorney knowledgeable in estate planning would be a good idea.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.