legalities of making a derogritory website

[mooloo27]

What is the name of your state? In

Ok here is my question. What are the legalities of making a website that is against a company. Such as www.****nationalcity.com which is already a website. I am interested in getting a website started against Remax such as www.****remax.com which would be a thread site. Can Remax do anything legally against me and/or how can I get around it? Thanks a bunch!

 

[davezan]

First, a domain name and a website are 2 separate things. You're actually
referring to the domain name, but how you're using it (especially since you're
building essentially a "sucks" website) matters a lot.

Re/max can use the Anticybersquatting Consumer Protection Act (ACPA) to
get the domain name from you. You might want to read this link:

http://www.circleid.com/article/1048_0_1_0_C/

Although they can use a more affordable solution like the Uniform Dispute
Resolution Policy (www.icann.org/udrp), something tells me they'll use ACPA
in an attempt to wear down the domain owner due to the legal costs involved.

Some tips:

1. Although there's not enough case law to authoritatively say such, add a
disclaimer saying you're not Re/max or affiliated with them in any way. This
will already tell the visitor you're not them at all, but do provide a link to be
able to redirect the visitor to the intended site (however unpalatable it may
be).

2. Don't put any hint of commercial use whatsoever. From the link I posted,
don't even put a link to a site which competes with the one you're aggrieved
against.

3. As much as possible, don't use .com. Although people use .com as the first
obvious choice, using a different domain extension can help prove your non-
commercial use of the domain (like .info).

4. Be prepared to retain an attorney who specializes in these. I can send you
some if you email/PM me thru here.

 

[mooloo27]

Thank you very much for your reply. I will be reading up on this information you have sent me. We just recently bought a house from them and this has been a nightmare from all of the lies they told us to sell this place. What we once thought of as our dream home has turned into a haunted nightmare. I want a place that people can list and talk about their experiences with this company.

Thank you again for the information and your reply.

 

[psychosmurf]

What about the same kind of site but "discussing" a person instead of a company? Are you required to include any disclaimers to avoid potential claims such as harrassment??

 

[w98]

I would think that discussing a person could quickly turn into a libel suit if you don't have documented proof of what was said, how they acted, etc.?