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Domain snatched...any recourse

by toptones
5 replies
Hey folks,
I'm interested in buying a product that had a web site going for a long time. The folks went out of business and let the domain lapse and someone else bought it, and are using it to link to their own site. The original product home shows up when you get to the site, but any clicks on links lead to the new and unassociated site.
Now, the folks who owned the site still have the rights to the registered name of the product which is the same as the site.
Questions:
1. Is what the new domain holders are doing legal from a search engine point of view etc.?
2. Is there any way to use the registered name (if I bought it) as leverage to get the domain name back without paying for it, or at least not paying an arm and a leg?

Thx.
Anthony
#domain #recourse #snatchedany
  • Profile picture of the author Dan C. Rinnert
    Check this link:
    Trademark: Domain Names - Internet Law Treatise

    The ACPA was designed to create "a civil action against cybersquatters, where the cybersquatter had a bad faith intent to profit from the registration of a domain name, and the domain name is either a trademark or identical or confusingly similar to a famous or distinctive mark."

    I'm not a lawyer, but it sounds like what they are doing would constitute bad faith intent, and the domain name, as you've said, is a registered trademark. So, it sounds to me like the trademark holder may have a case in this situation.
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    • Profile picture of the author Michael D
      Originally Posted by Dan C. Rinnert View Post

      Check this link:
      Trademark: Domain Names - Internet Law Treatise

      The ACPA was designed to create "a civil action against cybersquatters, where the cybersquatter had a bad faith intent to profit from the registration of a domain name, and the domain name is either a trademark or identical or confusingly similar to a famous or distinctive mark."

      I'm not a lawyer, but it sounds like what they are doing would constitute bad faith intent, and the domain name, as you've said, is a registered trademark. So, it sounds to me like the trademark holder may have a case in this situation.

      You are jumping to a whole lot of assumptions with this comments. No where in the original post did they mention a trademark.

      What it sounds like is they are selling a product with the same name as the domain and they accidentally let the domain expire. Well, this happens a lot with domain names. Unless you have that domain name trademarked you are out of luck.

      You should email them and ask to buy the domain back at a fair price. This is your best shot.
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  • Profile picture of the author Chris Lockwood
    I don't see any mention of trademarks in the first post, just "registered name", whatever that means.

    The phrase "legal from a search engine point of view" makes no sense, either.
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  • Profile picture of the author derekwong28
    If it is not trademarked, there may be copyright issues involved. I suppose the original owners could try sending a C&D letter concerning the use of their product. But it would be extremely difficult to get the domain back unless it is trademaked.
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  • Profile picture of the author toptones
    Thank guys,
    A.
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