Who is the real EarlOfSandwich.com

6 comments
Source Title:
Motel owner bites back as Sandwich war intensifies
Story Text:

The Earl of Sandwich, whose ancestor created the eponymous snack, is wanting to sue Brian Clifford, innkeeper of The Earl of Sandwich Motel on Cape Cod, who has owned earlofsandwich.com for over 10 years. The (noble) Earl wants his family name back, but apparently only discovered the web himself fairly recently. Personally I wouldn't have thought the Earl stood a snowflake's hope in hell of getting it back without a substantial payment, but you never know if he can afford enough in legal fees the motel may back down.

John Palfrey, executive director of the Berkman Center for the Internet & Society at Harvard Law School, said domain names were first come, first served — with some exceptions. “If someone purchased cocacola.com, for example, without any basis for owning it, that would be considered cybersquatting. If you register a domain with good intent to use it yourself and operate a business, you can put up a good fight

Sort of worries me that this sort of strong arm tactic can be employed against a legitimate business. I own a number of "very nice" url's and would not wish to see this sort of "gungo ho" suing becoming widespread.

Comments

I wonder if the Earl of Grey

I wonder if the Earl of Grey will get mad as well... ;)

The Duke of Wellington

is up for sale.....

The Earl doesn't have a case

I don't think the earl has a case - is he a company? No. (Well, presumably not...) Is the motel a company? Yes. What was the TLD? .com What is that supposed to imply? A company.
Case closed.
Of course, the TLD system is incomplete - there's no TLD for 'people', or 'groups of people'. Pity.
Is Sandwich still a British place? Should be a .uk domain then.

me.uk

earlofsandwich.me.uk and org.uk are available, not to mention .name, .info and I must point out that Godaddy suggests officialearlofsandwich.COM as an alternate.

:p

earlofsandwich.co.uk is

earlofsandwich.co.uk is taken by what seems to be the original company based in Florida!

The Earl is rattling his sabre

The Times article says

Quote:
The Sandwich family, as might be expected, sells sandwiches across Britain. It also owns a £2.5 million sandwich shop in Disney World in Orlando and plans to franchise other takeaway stores across the US.

He does own http://www.earlofsandwich.co.uk/ , but interestingly has had to register that in the name of "The Earl of Sandwich (Birmingham) Limited". That site acually has nothing on it, except a frame, and in the frame is http://www.earlofsandwichusa.com/ , which in turn is just a placeholder registered by his Florida company.

Presumably the Earl feels that ".co.uk" is not a good marketing platform in the USA, and that "earlofsandwichusa" is, as they say, a bit of a mouthfull.

He could of course try suing Yahoo, who are the registrants of the url that he must aspire to, www.sandwich.com , but are not actually doing anything with it. But in the meantime putting the frightners on the motel owner in Cape Cod seems the best way forward to him.

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