Rights regarding cyber squatting

JB · 06-29-2009, 06:00 PM

Not sure if this is exactly what you would define as CS but I own a registered company and I know of a third party who is holding the domain name for ransom to the highest bidder - without any real attempt to sell it. The page is basically a whole load of links. I have contacted them and they arrogantly replied 'sorry but I doubt you could afford it'! This really pissed me off. Anyway, my company is starting to do pretty well and I really want that domain name. If I trademark the company name will that give me any rights over the domain name - or at least make it easier to acquire? Can anything be done in this scenario?
Thanks,
Dave

Michael Oksa · 06-29-2009, 06:07 PM

Hi Dave,

Your solution may work, but you would most likely have to pay legal fees for a trademark search, filing, and contacting the domain owner. Only you and a qualified legal professional can decide if that's the right way to go.

On the other hand, I have seen it where people have pretended to own a trademark and send a legal sounding letter in the hopes of beating the squatters at their own game - HOWEVER, I want to make it clear that I am not suggesting in any way you do that, as it would be unethical.

All the best,
Michael

JB · 06-29-2009, 06:16 PM

Hi Michael,
I think this guy will be well used to that approach. I 'm planning on getting a proper Trademark anyway because the name is so effective. I used to own E-Trading.com but got stuffed by E-Trade.com's lawyers about 10 years ago and was forced to relinquish the domain name. Just wondering if anything has changed since then, my lawyer at the time said I had no chance trying to appeal it. Different scenario but I'm hoping this approach might get me the domain. The trademark application would cost about $1800 which would be considerably less than what the domain name would be worth - hence this approach (potentially!).

SteveJohnson · 06-29-2009, 06:30 PM

Quote:

Originally Posted by Michael Oksa

...HOWEVER, I want to make it clear that I am not suggesting in any way you do that, as it would be unethical.

All the best,
Michael

Oh, I can't help this - I read this, then looked over at your avatar. I know context is everything, but it sure looked like the perfect example of the Cheshire-cat grin

jakesellers · 06-29-2009, 06:35 PM

I don't think you'll have much luck with a retroactive trademark registration. If WIPO fell for that sort of stuff there'd be people in the "trademark this name to get this domain" business.

Kay King · 06-29-2009, 06:42 PM

Cybersquatting - registering a POPULAR internet address - usually a company name - with intent to sell it to its rightful owner.

The OP's info is confusing and contradictory.

Quote:

I own a registered company and I know of a third party who is holding the domain name for ransom to the highest bidder - without any real attempt to sell it.

Quote:

my company is starting to do pretty well and I really want that domain name. If I trademark the company name will that give me any rights over the domain name

It's either registered - or it's not. How long has he owned the domain? Did he register it before you were using the name for your company? There's not enough factual info here.

Legal advice on a forum is worthless - OP needs to ask an attorney who specializes in trademark registration.

kay

JB · 06-29-2009, 06:49 PM

Domain holder unfortunately registered the domain along with about a thousand others before the company was setup - i was using the trading name beforehand but that doesnt hold water compared to a limited liability company. I know the practice is widespread but it really sucks that people can get away with doing this - taking thousand of business names out of circulation. I'll be speaking to my lawyer anyway, just wondering if anyone here has ever had any joy in getting a domain name under similar circumstances without being bent over a barrel by the seller.

seasoned · 06-29-2009, 09:40 PM

Quote:

Originally Posted by jakesellers

I don't think you'll have much luck with a retroactive trademark registration. If WIPO fell for that sort of stuff there'd be people in the "trademark this name to get this domain" business.

QUOTED IN AGREEMENT!

And KAY has a GOOD point! IF you have a concern that existed with the same or similar name you COULD make a case for your getting the name. If you get a trademark, it WILL make that case stronger. Given THAT, you have a case, and a cybersquatter, like THAT jerk, has a VERY poor case! STILL, you ccould be in for a fight. The courts have gone BOTH ways on this. The more history you have with success, the better. They would have to admit to cybersquatting and thus would need to depnd on the stupidity of the court, and a good lawyer.

Please note that I am not talking about the trademark MAKING your case, but AUGMENTING it.

Steve

Sheryl Polomka · 06-29-2009, 09:46 PM

How would it stand if you were to Trademark the name now, but as they have already purchased the domain before the name is Trademarked would that make any difference - would they be allowed to keep that name if they bought it prior to any Trademarking on the name?

06-29-2009, 06:00 PM	#1
JB HyperActive Warrior War Room Member Join Date: Sep 2004 Location: Ireland Posts: 154 Thanks: 31 Thanked 41 Times in 13 Posts	Rights regarding cyber squatting Not sure if this is exactly what you would define as CS but I own a registered company and I know of a third party who is holding the domain name for ransom to the highest bidder - without any real attempt to sell it. The page is basically a whole load of links. I have contacted them and they arrogantly replied 'sorry but I doubt you could afford it'! This really pissed me off. Anyway, my company is starting to do pretty well and I really want that domain name. If I trademark the company name will that give me any rights over the domain name - or at least make it easier to acquire? Can anything be done in this scenario? Thanks, Dave

06-29-2009, 06:07 PM	#2
Michael Oksa The Ethical Marketer War Room Member Join Date: May 2006 Location: Wisconsin, USA Posts: 6,058 Thanks: 1,750 Thanked 3,026 Times in 1,340 Posts Social Networking Contact Info	Re: Rights regarding cyber squatting Hi Dave, Your solution may work, but you would most likely have to pay legal fees for a trademark search, filing, and contacting the domain owner. Only you and a qualified legal professional can decide if that's the right way to go. On the other hand, I have seen it where people have pretended to own a trademark and send a legal sounding letter in the hopes of beating the squatters at their own game - HOWEVER, I want to make it clear that I am not suggesting in any way you do that, as it would be unethical. All the best, Michael
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06-29-2009, 06:16 PM	#3
JB HyperActive Warrior War Room Member Join Date: Sep 2004 Location: Ireland Posts: 154 Thanks: 31 Thanked 41 Times in 13 Posts	Re: Rights regarding cyber squatting Hi Michael, I think this guy will be well used to that approach. I 'm planning on getting a proper Trademark anyway because the name is so effective. I used to own E-Trading.com but got stuffed by E-Trade.com's lawyers about 10 years ago and was forced to relinquish the domain name. Just wondering if anything has changed since then, my lawyer at the time said I had no chance trying to appeal it. Different scenario but I'm hoping this approach might get me the domain. The trademark application would cost about $1800 which would be considerably less than what the domain name would be worth - hence this approach (potentially!).

06-29-2009, 06:35 PM	#5
jakesellers HyperActive Warrior War Room Member Join Date: Jun 2009 Posts: 161 Blog Entries: 2 Thanks: 5 Thanked 24 Times in 20 Posts	Re: Rights regarding cyber squatting I don't think you'll have much luck with a retroactive trademark registration. If WIPO fell for that sort of stuff there'd be people in the "trademark this name to get this domain" business.

06-29-2009, 06:49 PM	#7
JB HyperActive Warrior War Room Member Join Date: Sep 2004 Location: Ireland Posts: 154 Thanks: 31 Thanked 41 Times in 13 Posts	Re: Rights regarding cyber squatting Domain holder unfortunately registered the domain along with about a thousand others before the company was setup - i was using the trading name beforehand but that doesnt hold water compared to a limited liability company. I know the practice is widespread but it really sucks that people can get away with doing this - taking thousand of business names out of circulation. I'll be speaking to my lawyer anyway, just wondering if anyone here has ever had any joy in getting a domain name under similar circumstances without being bent over a barrel by the seller.

06-29-2009, 09:46 PM	#9
Sheryl Polomka Domestic Engineer War Room Member Join Date: Oct 2006 Location: Australia. Posts: 3,707 Blog Entries: 9 Thanks: 1,223 Thanked 612 Times in 435 Posts Social Networking	Re: Rights regarding cyber squatting How would it stand if you were to Trademark the name now, but as they have already purchased the domain before the name is Trademarked would that make any difference - would they be allowed to keep that name if they bought it prior to any Trademarking on the name?
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