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Taking A Domain... By FORCE!!

by GuerrillaIM
13 replies
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.
#domain #force #taking
  • Profile picture of the author theimdude
    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?
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  • Profile picture of the author 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).
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    • Profile picture of the author theimdude
      Originally Posted by TristanPerry View Post

      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
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  • Profile picture of the author Gene Pimentel
    Originally Posted by GuerrillaIM View Post

    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.
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  • Profile picture of the author SteveJohnson
    No, you can't force them to sell it to you. Might be worthwhile to think up a different name.
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  • Profile picture of the author 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.
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    • Profile picture of the author TristanPerry
      Originally Posted by GuerrillaIM View Post

      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.
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  • Profile picture of the author sbucciarel
    Banned
    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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  • Profile picture of the author BinderGang
    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.
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  • Profile picture of the author Jay Jennings
    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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  • Profile picture of the author Rob Whisonant
    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.

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    • Profile picture of the author applepie
      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.
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