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No if you are filing a lawsuit you can’t just “contact them” the same way a customer can. You have to serve them pursuant to the law, which generally for busin
by throwaway_jobs 6y ago
No if you are filing a lawsuit you can’t just “contact them” the same way a customer can.
You have to serve them pursuant to the law, which generally for businesses means serving their registered agent. In order to find the registered agent you will need the legal name of the business running the infringing website (you will need the state of incorporation as well).
- fortran77 6y agoRight. But to be a LLC, C Corporation, or S Corporation I have to have a "registered agent" listed with the State. There's no requirement that the domain owner's contact be a "registered agent." In fact, the person who owns the domain may be different from the business using it. And while the Registered Agent is the correct legal way to serve a notice, if a business accepts and acknowledges it via another route, that's fine, too.
- inetknght 6y ago> There's no requirement that the domain owner's contact be a "registered agent." In fact, the person who owns the domain may be different from the business using it. No, but if the domain itself is serving content then the domain owner is, and should be, party to any complaints related to the domain. Even if the domain owner isn't the "registered agent" of the business, they assuredly must know how to contact the registered agent and should have "skin in the game", so to speak, for being a proxy. Not knowing or being able to contact the business owner is, I would argue, grounds for fraud and misrepresentation.
- asjw 6y agoSo Facebook should be considered a proxy for frauds delivered through Facebook. I agree .
- throwaway_jobs 6y agoThey certainly should be...but they lobbied for laws that say they aren’t liable. That is why there is a major effort to repeal those laws.
- fortran77 6y agoI don't think CloudFlare knows who my registered agent is. But I am a paid customer of theirs and they cache my website and serve my DNS.
- throwaway_jobs 6y ago> There's no requirement that the domain owner's contact be a "registered agent." That’s not what I said, or the point. Example: If I launch fortran77.com and am infringing on your registered trademark, step 1 is for you to find the registered owner of the domain. Once you have that then you can find the business owners RA. You can’t skip the step of identifying the owner of the infringing website to get to the RA. Assuming you are right and the infringing business would waive service of process (they won’t of course) but if they did you still need to identify the owner of the site to get request waiver of process.
- fortran77 6y agoYes, but I said holding the domain without conducting business under that name.
- throwaway_jobs 6y agoNot sure if i’m picking up what you’re putting down. I’m guessing maybe you register mymark.com, I get the Whois record and it’s not your legit business info but some made up business name and fake contact info. Well if that’s the case, either icann will have some rule prohibiting registrations with fake info and maybe I could get the domain transferred once they confirm your info is fake or I could still file suit against the made up business and get my default/court order and then get icann to turn it over on that basis. But it’s all about that step 1, uncovering the domain owner (real or fake). Possibly I could subpoena the registrar and get your real info and/or payment info. Then I’d have to amend my complaint to add you (the legit business) and still have to serve your RA.