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cpanel.net is trying to shutdown my free hosting website
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cpanel.net is trying to shutdown my free hosting website

eurobiaeurobia Member

Hello Everyone,

i have been running free hosting website for over 6 years, my website called https://thefreecpanel.com which means the free control panel, i only offer free web hosting, lately i have worked on my website seo and now it appears for many words at the first pages of google.

so my website basicly offer free web hosting and it has a blog section where i write some posts for google adsense

lately i got an email from cpanel.net and they wants me to transfer my website for them because they have a Trademark.

do you think they can take my website ? also can they take my website if i have applied to register thefreecpanel as a limited company ?

https://thefreecpanel.com/wp-content/uploads/2019/04/the-free-cpanel.jpg

Thanked by 1ItzMayed
«1345

Comments

  • You're using their trademark without permission. If they want to get nasty, they can drag you to court. I'd ask them what part of your name is infringing, and why it's a problem. Open some sort of dialog before they get ICANN involved.

  • Good luck going up against the deep pockets of cPanel.

    If it's just free hosting and you're not making any profit it's probably the excuse you've been waiting for to shut the doors.

    If not, just grab a different domain and rebrand. It's probably more hassle than it's worth.

  • ExonHostExonHost Member, Host Rep

    What do you mean doesn't matter as you used trademark word in your domain. Register a new domain and rebrand it.

    Thanked by 1eurobia
  • Are you really gonna fight this?

    This is your logo:

    This is the cpanel logo:

    Then there's this gem:

    The fact that you felt the need to add this to your website basically means you admit that confusion is imminent. As you didnt have it on your site for forever (archive.org), you're probably not gonna win this in court.

    Then there's this quote from your archived site:

    And then there's the fact that you're actually using cPanel, and actually have a link titled "cPanel login"

    tl;dr you're fucked.

  • i have put a text on the top of my website after i got warning from them, and i make some money of course, when users wants to upgrade to get full futures, and i use a licensed cpanel for this.

  • teamaccteamacc Member
    edited April 2019

    @eurobia said:
    i have put a text on the top of my website after i got warning from them, and i make some money of course, when users wants to upgrade to get full futures, and i use a licensed cpanel for this.

    You're fucked. Transfer the domain over to them while they're still asking nicely, instead of when they have lawyers show up and stop asking.

  • @eurobia said:
    i have put a text on the top of my website after i got warning from them, and i make some money of course, when users wants to upgrade to get full futures, and i use a licensed cpanel for this.

    You're completely fucked.

  • Depends where you are based, american laws do not apply worldwide.

    Thanked by 1xaoc
  • MikeAMikeA Member, Patron Provider

    You will need to rebrand. If a legal person contacted you they won't care about anything you say.

  • @MikeA said:
    You will need to rebrand. If a legal person contacted you they won't care about anything you say.

    Actually, they would. This thread provides pretty much all the evidence a cPanel attorney would need to make his case airtight already, just because OP keeps babbling without knowing anything about legal stuffs.

  • Your logo is very similar in design to cPanel which is trademarked amongst other things. If they decide to file a UDRP, you will not win and will lose the domain.

    The best you could hope for is dialogue. If they are willing to communicate with you then you might have a chance to resolve amicably without being involved in a UDRP.

  • deadpool?

  • NeoonNeoon Community Contributor, Veteran

    Well, its a .com domain and CPanel is an american company.
    If you refuse, they will size it for sure.

    Microsoft did the same to some domains.
    Additional you may face fees that come up with that.

    I would get a new name and migrate it.
    This time, without CPanel in the logo.

    Thanked by 1CrossBox
  • teamaccteamacc Member
    edited April 2019

    @TarZZ92 said:
    Depends where you are based, american laws do not apply worldwide.

    afaik the .net .com extension is regulated by the u s of a, so it doesnt matter where he's located. Domain will be gone.

    Wether he would have to pay legal costs when that happens probably depends on where he's based.

    I think cPanel is being really nice about it, giving you time to migrate and stuff.

    Thanked by 1CrossBox
  • NeoonNeoon Community Contributor, Veteran
    edited April 2019

    @teamacc said:

    @TarZZ92 said:
    Depends where you are based, american laws do not apply worldwide.

    afaik the .net .com extension is regulated by the u s of a, so it doesnt matter where he's located. Domain will be gone.

    If he had a .ru domain, pretty sure they could not easily size it.
    Besides, he runs it over a LTD in UK, they may just lawyer his mailbox.

  • Your home page clearly show that you are trying to use cpanel name as your own not thefreecpanel.

    You put feature :
    Cpanel support. (did your customer got support from cpanel directly ? LOL)
    Cpanel speed
    Cpanel security

    This is on the bottom of your site (keyword stuffing, several of them doesn't have any article) :

    free cpanel – free cpanel license – free cpanel alternative – free web hosting with cpanel control panel – cpanel free download – free hosting – free web hosting with cpanel wordpress – vps with free cpanel – cpanel creator

    Did you really a creator of cpanel? Did you really provide free cpanel license ?

    LOL..

    You basically use CPANEL as your name not thefreecpanel..

    Just give up and rebranding ....

  • jarjar Patron Provider, Top Host, Veteran
    edited April 2019

    TarZZ92 said: american laws do not apply worldwide

    Verisign is a US entity though, as is ICANN (based in LA). US definitely has enough jurisdiction over this case one way or another.

    OP will need to at least retreat significantly to avoid a lost fight. Probably can't be held legally accountable, but will most likely lose the domain.

    Thanked by 1CrossBox
  • You mention your website is part of Eurobia Ltd, company number 10095836. However you filed accounts for a dormant company made up to 31st March 2018 and the company was Incorporated on 31st March 2016 but your footer says 2012 - 2019 One of Eurobia LTD Projects.

    You seem to offer Free VPS HOSTING at $11 which turns into $11.99/month when you click the link.

    Also, might want to change your blackhat SEO techniques, not good.
    Screenshot

    Thanked by 1eurobia
  • This is awesome. Is it 100%, is it 99% or is it up and running all the time.

    100% UPTIME GUARENTEE
    stay up forever online! the free cpanel hosting has a professional team who ensure that everything runs for 24/7. A stunning 99% up-time means your free hosting website will be up and running all the time. we always make sure that’s our servers are always in the best condition.

    Thanked by 2MikePT drizbo
  • angstromangstrom Moderator

    @eurobia said: i have been running free hosting website for over 6 years, my website called https://thefreecpanel.com which means the free control panel,

    Were you really not able to come up with a more original name?

  • deankdeank Member, Troll

    Like others say, you are fucked.

    This thread fucks you even more.

  • jvnadrjvnadr Member
    edited April 2019

    If this website has any value for you, then, instead of asking such advice from the lawyers on LET, ask a real lawyer wether you can fight this or not.

    Now, if you want some advises from whatever experience I have: Your domain and explanation is walking on grey areas, you may win a trial but this will be something really expensive and you will need specialized in trademarks lawyer to fight for it. The only strong argument you will have in a court is that you do not sell or offer a competitive product but you offer something completely different (not a panel but hosting service) and, on top of that, you use legally as a client their product to be on line.
    On the other hand, it is not only the domain that can be confusing. You are clearly trying to benefit from the confusion with keywords for SEO purposes and with similar logos etc., so, you are trying to gain profit from their value of their trademark. And this is a shady practice for the law, so, a court maybe order you to stop using it.

    But, have this in mind: No court will make you give the domain to CPanel, in any circumstances. It is not their asset as an item. They will order you to stop using it and keep it off line.

    Thanked by 2eurobia willie
  • Here I am lurking and see a site called The Freec Panel and i'm thinking how could you miss spell freak.

  • What the fu*k? Your free hosting is literally running off of VistaPanel!

    I have zero sympathies for anyone that misleads users with "cPanel" but really offer some shit as an alternative. In fact, VistaPanel infringes on cPanel's trademarks here:

    https://s.flamz.pw/img/a1fde2a716589361d8c4dc768c91c459.png

    It's no wonder they asked you to transfer the domain. Take it as a gift and run, because the fact you haven't been sued yet is nothing short of a miracle.

  • KuJoeKuJoe Member, Host Rep

    @FlamesRunner said:
    In fact, VistaPanel infringes on cPanel's trademarks here:

    https://s.flamz.pw/img/a1fde2a716589361d8c4dc768c91c459.png

    VistaPanel is just a cPanel skin if I remember correctly. It's been so long since I've been that involved in the free web hosting scene though.

    Thanked by 1Janevski
  • @eurobia even ads suggest you to visit Hospital Quiron Barcelona (Клиника Кирон в Барселоне)

    Transfer to them, you've no other choice.

  • TheLinuxBugTheLinuxBug Member
    edited April 2019

    jvnadr said: But, have this in mind: No court will make you give the domain to CPanel, in any circumstances. It is not their asset as an item. They will order you to stop using it and keep it off line.

    This is not true, as mentioned earlier if they have a UDRP claim filed against them and lose, "[the registrant] must file a lawsuit against the trademark holder within ten days to prevent ICANN from transferring the domain name." If they don't and/or lose that lawsuit, the domain is then transferred to the winner of the dispute.

    This is the one really shady grey areas of the domain business. I will give you an example: A long time ago in a past that is many years ago, I had the domain m a d d . n e t and I was using it as an e-mail host for fun. The group 'Mothers Against Drunk Driving" decided it infringed on their trademark and because I didn't have an active website up that showed that it didn't have anything to do with their trademark, when they filed the UDRP claim, I lost (and I involved lawyers just out of principle at the time). They then transferred the domain to them as I wasn't going to pay to sue them again as the chances of winning where slim to none under the rules that are set out.

    In this case, the guy has been using the domain, however, what's worse is, as many mentioned here, it is apparent after looking at the site for about 45 seconds that the whole intention of that site is to make money, even if a small amount, based on the use of the 'cpanel' name. As such, it is very unlikely he would win a UDRP claim.

    The main reason I say they would likely lose is, the following is one of the main things they consider: "Whether by using the domain name, the registrant has intentionally attempted to attract, for commercial gain, internet users to the registrant's website, by creating a likelihood of confusion with the complainant's mark." Again, just taking 45 seconds to look at the site, tells you that this is indeed occurring.

    @eurobla you may consider moving this thread to 'offtopic' or asking a moderator to unless you really want this thread to be indexed in google with your domain in it. LET gets indexed pretty fast too. One thing I will say is, this thread for sure won't help you.

    my 2 cents.

    Cheers!

    1. Your logo "cP" is trademark of cPanel.
    2. Your business name consists their trademark.
    3. Your domain name consists their trademark.
    4. Your website text consists their trademark.

    This is enough for them to either drag you to the court, or file a UDRP complaint. Anyways your domain can be confiscated.

  • Remove the word "cPanel" from your website and change your logo, or ask them what you need to do to stop people from being confused with cPanel. Talking to them and being nice will do more good for you!

  • mukarramh49mukarramh49 Member
    edited April 2019

    Bro its really better that they just asked to transfer the domain just transfer them the domain and rebrand your domain name which doesn't have a trademarks. Its a Happy movement that they have mailed you without dragging you to the court. But some company like trademarks company they will drag you directly to the court u can google it if u want so pls transfer has soon has possible

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