Taking A Domain... By FORCE!!

GuerrillaIM · 09-04-2009, 03:57 PM

I have thought up a name for a company and I am going to proceed with registering it at companies house.

I just did a check and companyname.co.uk (obviously with the actual company name and not "companyname") is a domain parking page.

If I register the company can I force the domain owner to sell it to me? I have heard of something like this but I have no first hand experience.

theimdude · 09-04-2009, 04:05 PM

Maybe if you get a trademark but then you might even battle as the domain has already be registered before you and getting it using WIPO will cost you +- $1500 and you might not win. Go and study cases and I think you have a 20% possibility and the cost of a attorney can cost you a lot. So why not just buy it from the owner.

Actually I dont even think you could register a trade mark as the domain is already registered.

Why a hostile takeover?

TristanPerry · 09-04-2009, 04:06 PM

No you can't.

If you register a company name, you can't them retrospectively take a domain.

You'd have absolutely zero rights to the domain even if you got the trademark for the name (since the domain was owned before the company and trademark were created)

This is like the case of Nissan.com - the domain was owned in good faith before Nissan (the car company) had the right TMs and all in place, hence the domain is thankfully still owned by the original (rightful) owner.

You can try, by creating a UDRP case at $4,000. But you will lose, which would then cost you $6k+ including lawyer fees.

Sorry for the blunt post but you have no retrospective rights to the domain hence your post's title seem a bit OTT.

You can, however, make an offer for the domain and try and buy it. But the owner has no obligation to sell to you (but of course if the offer is right, they'd probably sell).

Gene Pimentel · 09-04-2009, 04:07 PM

Quote:

Originally Posted by GuerrillaIM

If I register the company can I force the domain owner to sell it to me?

That's not how it works. If you had an established trademark and somebody registered ya domain with your trademark, then you can consider whether or not they are trying to infringe on your trademark.

SteveJohnson · 09-04-2009, 04:10 PM

No, you can't force them to sell it to you. Might be worthwhile to think up a different name.

theimdude · 09-04-2009, 04:11 PM

Quote:

Originally Posted by TristanPerry

No you can't.

If you register a company name, you can't them retrospectively take a domain.

You'd have absolutely zero rights to the domain even if you got the trademark for the name (since the domain was owned before the company and trademark were created)

This is like the case of Nissan.com - the domain was owned in good faith before Nissan (the car company) had the right TMs and all in place, hence the domain is thankfully still owned by the original (rightful) owner.

You can try, by creating a UDRP case at $4,000. But you will lose, which would then cost you $6k+ including lawyer fees.

Sorry for the blunt post but you have no retrospective rights to the domain hence your post's title seem a bit OTT.

You can, however, make an offer for the domain and try and buy it. But the owner has no obligation to sell to you (but of course if the offer is right, they'd probably sell).

You correct here and I was a bit soft on my response. If the OP do a UDRP the domain owner can nail him for domain hijacking so the owner of the domain could nail the OP

GuerrillaIM · 09-04-2009, 04:18 PM

OK then, better tell the boys to get the car battery and pliers ready...

Joking aside, I will just have to think up a different domain name then, or perhaps a different company name.

Spent so many hours in the thesarus that I am going cross eyed. Think I might just stick with what I got and add a hypen somewhere or something.

TristanPerry · 09-04-2009, 04:35 PM

Quote:

Originally Posted by GuerrillaIM

OK then, better tell the boys to get the car battery and pliers ready...

Joking aside, I will just have to think up a different domain name then, or perhaps a different company name.

Spent so many hours in the thesarus that I am going cross eyed. Think I might just stick with what I got and add a hypen somewhere or something.

Hehe, sorry

As a domainer I sometimes can get touchy with such subjects. But yeah, choosing a name can be very daunting. Sometimes walking away for a bit and coming back the following day can be good. Also am not sure if it'd be useful for you, but a domain name generator (like Cogah - Domain Name Generator And Availability Checker or any other that can be found via Google) can be a good plan to use.

sbucciarel · 09-04-2009, 06:07 PM

Brute force ... No ... but parked pages are often for sale and you could contact him and see what he wants for it.

BinderGang · 09-04-2009, 06:13 PM

I can help you find a great domain name, if you'd like. I buy/sell domains all the time. I would just need to know some info about your company.

Jay Jennings · 09-04-2009, 09:13 PM

Don't go with a hyphen, dude. Just ask the guy if he wants to sell or pick a different name. If you get it with a hyphen you'll be sick of saying, "www.blahblahhyphenblahblah.com" within a couple minutes...

...and the guy without the hyphen is going to get a percentage of your traffic for free from people who forget about the hyphen.

Jay Jennings

Rob Whisonant · 09-04-2009, 10:44 PM

Have you contacted the owner with an offer to buy the domain yet? You may be able to buy it from the current owner for a reasonable price.

Re's
Rob Whisonant

applepie · 09-05-2009, 12:18 AM

I'd contact the owner of the domain first to see if they want to sell it at reasonable price. If not, then you can go the other road of choosing another company name etc etc.

If possible, don't use hyphen. Jay is right. People don't remember the hyphen.

09-04-2009, 03:57 PM	#1
GuerrillaIM One Man Army War Room Member Join Date: Jul 2008 Location: London, UK Posts: 1,889 Thanks: 93 Thanked 308 Times in 181 Posts	Taking A Domain... By FORCE!! I have thought up a name for a company and I am going to proceed with registering it at companies house. I just did a check and companyname.co.uk (obviously with the actual company name and not "companyname") is a domain parking page. If I register the company can I force the domain owner to sell it to me? I have heard of something like this but I have no first hand experience.
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09-04-2009, 04:05 PM	#2
theimdude Hooked on Gansbaai War Room Member Join Date: Aug 2009 Location: here, and everywhere Posts: 858 Thanks: 55 Thanked 86 Times in 75 Posts	Re: Taking A Domain... By FORCE!! Maybe if you get a trademark but then you might even battle as the domain has already be registered before you and getting it using WIPO will cost you +- $1500 and you might not win. Go and study cases and I think you have a 20% possibility and the cost of a attorney can cost you a lot. So why not just buy it from the owner. Actually I dont even think you could register a trade mark as the domain is already registered. Why a hostile takeover?

09-04-2009, 04:06 PM	#3
TristanPerry Advanced Warrior War Room Member Join Date: Aug 2009 Location: Cardiff, United Kingdom Posts: 772 Thanks: 171 Thanked 147 Times in 103 Posts Social Networking	Re: Taking A Domain... By FORCE!! No you can't. If you register a company name, you can't them retrospectively take a domain. You'd have absolutely zero rights to the domain even if you got the trademark for the name (since the domain was owned before the company and trademark were created) This is like the case of Nissan.com - the domain was owned in good faith before Nissan (the car company) had the right TMs and all in place, hence the domain is thankfully still owned by the original (rightful) owner. You can try, by creating a UDRP case at $4,000. But you will lose, which would then cost you $6k+ including lawyer fees. Sorry for the blunt post but you have no retrospective rights to the domain hence your post's title seem a bit OTT. You can, however, make an offer for the domain and try and buy it. But the owner has no obligation to sell to you (but of course if the offer is right, they'd probably sell).
	"If you are clear where you are going and you take several steps in that direction every day, you eventually have to get there."

09-04-2009, 04:10 PM	#5
SteveJohnson I am not a cowboy War Room Member Join Date: Apr 2007 Location: Caldwell, Idaho, USA. Posts: 1,643 Thanks: 234 Thanked 491 Times in 341 Posts Social Networking Contact Info	Re: Taking A Domain... By FORCE!! No, you can't force them to sell it to you. Might be worthwhile to think up a different name.
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09-04-2009, 04:18 PM	#7
GuerrillaIM One Man Army War Room Member Join Date: Jul 2008 Location: London, UK Posts: 1,889 Thanks: 93 Thanked 308 Times in 181 Posts	Re: Taking A Domain... By FORCE!! OK then, better tell the boys to get the car battery and pliers ready... Joking aside, I will just have to think up a different domain name then, or perhaps a different company name. Spent so many hours in the thesarus that I am going cross eyed. Think I might just stick with what I got and add a hypen somewhere or something.
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09-04-2009, 06:07 PM	#9
sbucciarel Suzanne War Room Member Join Date: Jan 2007 Location: Virginia, USA. Posts: 10,644 Blog Entries: 1 Thanks: 1,211 Thanked 4,048 Times in 2,261 Posts	Re: Taking A Domain... By FORCE!! Brute force ... No ... but parked pages are often for sale and you could contact him and see what he wants for it.
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09-04-2009, 06:13 PM	#10
BinderGang Active Warrior War Room Member Join Date: Aug 2009 Location: New York, NY Posts: 64 Thanks: 8 Thanked 5 Times in 4 Posts	Re: Taking A Domain... By FORCE!! I can help you find a great domain name, if you'd like. I buy/sell domains all the time. I would just need to know some info about your company.

09-04-2009, 09:13 PM	#11
Jay Jennings Senior Warrior Member War Room Member Join Date: May 2003 Location: Everywhere , USA. Posts: 1,204 Thanks: 46 Thanked 98 Times in 65 Posts	Re: Taking A Domain... By FORCE!! Don't go with a hyphen, dude. Just ask the guy if he wants to sell or pick a different name. If you get it with a hyphen you'll be sick of saying, "www.blahblahhyphenblahblah.com" within a couple minutes... ...and the guy without the hyphen is going to get a percentage of your traffic for free from people who forget about the hyphen. Jay Jennings
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09-04-2009, 10:44 PM	#12
Rob Whisonant Mountain Climber Dude War Room Member Join Date: Jan 2007 Location: The great outdoors! Posts: 913 Thanks: 35 Thanked 116 Times in 64 Posts	Re: Taking A Domain... By FORCE!! Have you contacted the owner with an offer to buy the domain yet? You may be able to buy it from the current owner for a reasonable price. Re's Rob Whisonant
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09-05-2009, 12:18 AM	#13
applepie Warrior Member Join Date: Jul 2009 Location: Sydney, Australia Posts: 25 Thanks: 0 Thanked 2 Times in 2 Posts Social Networking Contact Info	Re: Taking A Domain... By FORCE!! I'd contact the owner of the domain first to see if they want to sell it at reasonable price. If not, then you can go the other road of choosing another company name etc etc. If possible, don't use hyphen. Jay is right. People don't remember the hyphen.