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How To Initiate A Cyber Squatter Domain Snatch

by TE2
17 replies
How do you go about claiming a web site domain name using cyber squatter laws?

Scenario:

A company wants to take the parked domain name that the domain registrant has.

Past efforts to simply buy it have failed.

The domain is the company's brand name. In SEO terms, it is an "exact" match of the companies one word name. The traffic demographics from quantcast, etc..., are the company's demographics and, I believe, support a case of cybersquatting. The person has owned the domain for more than a dozen years and does not appear to ever do anything with it other than park it with one page directing enquiries to their email.

Can anyone tell me the process for taking the domain?

Regards,

John
#cyber #domain #initiate #snatch #squatter
  • Profile picture of the author sbucciarel
    Banned
    Did you trademark the name? Does his/her site preexist yours? If you have a valid trademark, then it's cybersquatting. If you don't, probably not.
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    • Profile picture of the author Gary King
      Originally Posted by sbucciarel View Post

      Did you trademark the name? Does his/her site preexist yours? If you have a valid trademark, then it's cybersquatting. If you don't, probably not.
      Agreed, if it's not trademarked, you probably can't get it unless they are willing to sell.
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      • Profile picture of the author TE2
        It is trademarked - the company pre-dates the domain registration.

        Company and name since mid-1920's

        Domain registered in mid-90's

        The company did not have a web presence until about 10 years ago (after the domain was registered)
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    • Profile picture of the author greff
      Originally Posted by sbucciarel View Post

      Did you trademark the name? Does his/her site preexist yours? If you have a valid trademark, then it's cybersquatting. If you don't, probably not.
      Generally, I agree with this statement.

      Who owns it now? A bigger company or a small dude? I think it's probably the more powerful entity that can afford to challenge your legal parry. If it was someone who cannot afford to hire a lawyer (and you can) then I'd send a couple of threatening letters about a lawsuit and include a reasonable offer at the same time.

      I am not a lawyer, but I've found that trademarks are an important part of the puzzle.
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      • Profile picture of the author TE2
        Originally Posted by greff View Post

        Generally, I agree with this statement.

        Who owns it now? A bigger company or a small dude? I think it's probably the more powerful entity that can afford to challenge your legal parry. If it was someone who cannot afford to hire a lawyer (and you can) then I'd send a couple of threatening letters about a lawsuit and include a reasonable offer at the same time.

        I am not a lawyer, but I've found that trademarks are an important part of the puzzle.
        Individual owns it.

        Bigger company wants it.

        It is trademarked.

        Bigger company is trying to be fair but the seller is unreasonable - asking millions for a parked domain valued in the low thousands.
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        • Profile picture of the author sbucciarel
          Banned
          Originally Posted by TE2 View Post

          Individual owns it.

          Bigger company wants it.

          It is trademarked.

          Bigger company is trying to be fair but the seller is unreasonable - asking millions for a parked domain valued in the low thousands.
          Well, actually that's good news. If he were refusing all offers to buy, that would be bad news, but the fact that he will sell at a price proves that he registered a trademarked name in bad faith and when you file a UDRP, you must prove that they registered in bad faith.
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  • Profile picture of the author stevecl
    how old is the company?
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  • Profile picture of the author sbucciarel
    Banned
    Then you should either get a lawyer to send them a cease and desist or you can file a complaint: UDRP
    ICANN | Uniform Domain-Name Dispute-Resolution Policy
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  • Profile picture of the author Jay Jennings
    I think it also depends on whether the word is a common word or not. If so, then you might not have any luck.

    Jay Jennings
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    • Profile picture of the author TE2
      Originally Posted by Jay Jennings View Post

      I think it also depends on whether the word is a common word or not. If so, then you might not have any luck.

      Jay Jennings
      It is the companies well-known name but it is also a noun.

      These are not the name but it is like the names "candles" or "Chiefs" or "Rockport"
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      • Profile picture of the author Jay Jennings
        Originally Posted by TE2 View Post

        It is the companies well-known name but it is also a noun.

        These are not the name but it is like the names "candles" or "Chiefs" or "Rockport"
        In that case if the company files a UDRP then they are a turd.

        If past efforts to buy the name has failed, that probably means the company in question doesn't want it badly enough to pay what the domain owner wants. Increase the offer.

        Jay Jennings
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        • Profile picture of the author TE2
          Originally Posted by Jay Jennings View Post

          In that case if the company files a UDRP then they are a turd.

          If past efforts to buy the name has failed, that probably means the company in question doesn't want it badly enough to pay what the domain owner wants. Increase the offer.

          Jay Jennings
          The name is valued between $3K-5K.. It is owned by an individual and he wants millions. Their intent has been to sell it at a profit - a very exaggerated and inflated profit.

          this has been going on for years so i would not call the company turds. It is costing them serious business and they have the data to back it up.

          Personally, I think they should make one last reasonable offer, and if declined, take it.
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          • Profile picture of the author Nuno
            Warn him first before filling the UDRP.

            Attention, I'm not a lawyer, I have a Computer Science degree.
            But I've read many wipo decisions.

            "
            Greetings,

            I'm ..., currently using the url ..., and I would like to ask for the domain
            ... to be transferred to us. The domain ... is currently not being used, it's simply parked, and it may lead to confusion with our customers because several of our competitors appear
            on that page.

            As you may know WIPO.int (The World Intellectual Property Organization), clearly defines that any domain must be registered and used in good faith, and other domains in the past have been transferred to the respective trademark / brand owners as the result of their decision. We have the trademark ... since ... and it's also the content of our company logo as you can confirm here ...

            Please contact us as soon as possible. This is not a reverse hijacking attempt, we honestly think we are entitled to this domain.

            Best Regards,
            ...
            "

            Something like that. An honest person would give the domain away, but if he wants millions (unrealistic number), well... not a good sign.

            This was written by me, today, and I cannot take any responsibility for it's use
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            • Profile picture of the author davezan
              Everyone pretty much answered it.

              Try to work it out.

              Get a lawyer.

              Send a cease and desist.

              File a Uniform Dispute Resolution Policy (UDRP) or whatever proceeding, depends
              on the extension.

              File a lawsuit.

              Good luck.
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              David

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  • Profile picture of the author sbucciarel
    Banned
    The Trademark holder usually prevails, but to fight it you need to send a cease and desist or file the UDRP complaint (I believe that costs $3,000 to file). Might be cheaper to get a lawyer to send a cease and desist and see if that takes care of the problem.
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  • Profile picture of the author LB
    You're probably at the point where you need legal advice.

    Not to sound like a jerk (ok, I guess I do anyway) but if this is a big company...why are you posting for help in a forum instead of just contacting an attorney for your options?
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    • Profile picture of the author TE2
      Originally Posted by LB View Post

      You're probably at the point where you need legal advice.

      Not to sound like a jerk (ok, I guess I do anyway) but if this is a big company...why are you posting for help in a forum instead of just contacting an attorney for your options?
      The company is a mid-sized with their core business in brick and mortar retail and a web presence that they really don't fully understand. I am consulting and advising them on all aspects of eCommerce. Since domain squatting is not my area of expertise, I asked here where I know there is a ton fo expertise.

      After consulting with their senior management as of this morning, they have contacted their attorney and will pursue it from the legal aspect.

      Thanks again to everyone for your input.

      John
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