35 {{ upvoteCount | shortNum }}
35 {{ upvoteCount | shortNum }}

Do I have any rights to a domain registered in the exact same name as my limited Company?

by David Black 68
30 replies
Having just tried to register the domain name for a company I own, I find someone has beaten me to it.

The .com is taken although not in use.

As the owner of a UK Limited company, do I have any rights to the domain of the same name?

I have owned the limited company for a decade and have a website for it under another domain name.

Any advice appreciated,

Thanks
#company #domain #exact #limited #registered #rights
  • Profile picture of the author Will Edwards
    With the usual caveat (I am not a lawyer) I would say ... possibly. That may not sound like much help, but it is the best answer you will get. The fact is that there have been precedents set for what has become known as 'cyber squatting' so you may have a case - you DO need a lawyer who specialises in this stuff to properly advise.

    Will
    {{ DiscussionBoard.errors[9107884].message }}
  • Profile picture of the author FlamingWolf
    I'm no lawyer as well, but I had a similar issue a few years ago ( so here's what my lawyer said ): if you trademarked your company name and you did it before the .com was registered by your competitor, you can sue him.

    Otherwise you can't do nothing.

    But then again, this is what my lawyer said to me...
    {{ DiscussionBoard.errors[9108027].message }}
  • Profile picture of the author onSubie
    It doesn't necessarily matter if a company was registered after the domain. (see nissan.com)

    Your company does have to have it registered as a trademark. And even then you would have to show that the owner of the domain is competing with you.

    For example, Delta airlines could try and get delta.com since they registered 'Delta' as a trademark.

    But Delta faucets also has 'Delta' registered as a trademark in a different non-competing industry so they could also try and get delta.com.

    Who wins?

    Be prepared to spend a lot of money defending your trademark.
    {{ DiscussionBoard.errors[9108099].message }}
  • Profile picture of the author Tsnyder
    Best answer... call a lawyer who understands this area of law.
    Signature
    If you knew what I know you'd be doing what I do...
    {{ DiscussionBoard.errors[9108134].message }}
  • Profile picture of the author Peter Lessard
    No matter if you have a legal right to it or not trying to get it from someone will cost you money. You need to decide what it is worth to you or costing you.

    In many cases if you point out to the individual you want it then they simply pull harder in the other direction. I advise my clients to back order the domain name so if the person ever lets it expire it will become yours. Over the last 10 years this has worked more often than not without any expense or legal fees.
    Signature
    Ready to generate the next million in sales? The Next Million Agency
    {{ DiscussionBoard.errors[9108158].message }}
    • Profile picture of the author David Black 68
      Originally Posted by plessard View Post

      No matter if you have a legal right to it or not trying to get it from someone will cost you money. You need to decide what it is worth to you or costing you.

      In many cases if you point out to the individual you want it then they simply pull harder in the other direction. I advise my clients to back order the domain name so if the person ever lets it expire it will become yours. Over the last 10 years this has worked more often than not without any expense or legal fees.
      I'm sure you're right - if people know you want something badly enough, they'll do whatever they can to push the price up.

      I think someone's registered it just because they know I'll probably want it.

      I'm not ready to be blackmailed - I would like the name and if I can get it at a fair price, I'll have it - if they want the earth, they can keep it.
      {{ DiscussionBoard.errors[9108258].message }}
  • Profile picture of the author serryjw
    READ Flamewolf...The lawyer was correct... If the domain is NOT being used, call or write the owner and see if you can buy it. Probably cheaper than lawsuit.
    {{ DiscussionBoard.errors[9108318].message }}
    • Profile picture of the author AnniePot
      Check with WhoIs when it was first registered and when it will expire. If it was registered some while ago, yet it's never been used, you could possibly contact the owner and offer to buy it. If it's been registered recently, that may not be so easy.
      {{ DiscussionBoard.errors[9108337].message }}
      • Profile picture of the author IanGreenwood
        Originally Posted by AnniePot View Post

        Check with WhoIs when it was first registered and when it will expire. If it was registered some while ago, yet it's never been used, you could possibly contact the owner and offer to buy it. If it's been registered recently, that may not be so easy.
        Good advice in my estimation.

        Problem is that you live in the UK and if the person who has the domain is in another country you could be looking at an international law "problem" - and who has the resources, or time, to pursue that!

        I would approach the current owner and (don't tell him you want it for your company) tell him you are a name trader and offer him $100 up front. Don't sound too keen and see what happens? He can only say "No".

        If he turns you down, ask what he would want. Maybe you can come to a reasonable compromise.
        Signature

        {{ DiscussionBoard.errors[9150421].message }}
  • Profile picture of the author wuleinj
    Even you have your company registered as trade mark, you can not prevent people from registering it as domain.

    When you register trade mark, it will ask you to provide a list of products you want to register for. For example, you register onosyo as a trademark "women hats", then others are allowed to register same logo onosyo as bag trade mark.
    {{ DiscussionBoard.errors[9108381].message }}
  • Profile picture of the author GailTrahd
    It will be easier and probably cheaper to buy (unless it was just purchased as AnniePot said). EXCEPT if they purchased with the intention of building something. Learning that you own the same name they might be willing to sell. Your best bet is contact, but contacting from a position of authority - not begging and not angry. Get more bees with honey, but they won't even land if the honey pot is agitated.
    Signature
    Content, Video, Infographics in the lucrative relationship market

    WSO LIST BUILDING WEIGHT LOSS CONTENT BUNDLE
    Accurate, Researched and REFERENCED
    {{ DiscussionBoard.errors[9108495].message }}
    • Profile picture of the author kindsvater
      Without knowing the business name, type of business, whether a trademark has been filed, and seeing what "not in use" means for the domain, there is no advice to give. Just rank speculation.

      For instance, maybe your business is David Black, Inc. You want the domain davidblack.com but someone else has it. Odds of getting the domain transferred in a legal dispute: close to zero.

      Or, maybe your business is a well known trademarked, and unique company named Davidious Blackious, and someone has davidiousblackious.com. Your odds just went up.

      However, bad faith typically needs to be shown, and that could be difficult to show for a domain not being used.

      .
      Signature
      {{ DiscussionBoard.errors[9108589].message }}
      • Profile picture of the author David Black 68
        Originally Posted by kindsvater View Post

        Without knowing the business name, type of business, whether a trademark has been filed, and seeing what "not in use" means for the domain, there is no advice to give. Just rank speculation.

        For instance, maybe your business is David Black, Inc. You want the domain davidblack.com but someone else has it. Odds of getting the domain transferred in a legal dispute: close to zero.

        Or, maybe your business is a well known trademarked, and unique company named Davidious Blackious, and someone has davidiousblackious.com. Your odds just went up.

        However, bad faith typically needs to be shown, and that could be difficult to show for a domain not being used.

        .
        Thanks for your input - I'm not trying to promote my other business here, but I can tell you its called 'Black Event Furniture' Ltd. We have a good website but wanted to add 'BlackEventFurniture.com'

        Our name isn't trademarked but it's unlikely anyone else would be interested in our domain name - I think someone has registered it just to be able to sell us it back. The domain doesn't point at anything at present.

        I've made an offer for the domain so we'll see what happens.
        {{ DiscussionBoard.errors[9110211].message }}
      • Profile picture of the author DubDubDubDot
        Originally Posted by kindsvater View Post

        However, bad faith typically needs to be shown, and that could be difficult to show for a domain not being used.
        It's easier than it used to be.

        WIPO UDRP panelists are known for ordering transfers based on their view that parking is bad faith profit. That isn't consistent between all panelists though.

        At least one US court has ruled that renewing a domain is a "reregistration" and that trademark infringement must be weighed at that time even if there was no infringement when the domain was originally created.
        {{ DiscussionBoard.errors[9115959].message }}
  • Profile picture of the author Melissahoster
    Banned
    Originally Posted by David Black 68 View Post

    Having just tried to register the domain name for a company I own, I find someone has beaten me to it.

    The .com is taken although not in use.

    As the owner of a UK Limited company, do I have any rights to the domain of the same name?

    I have owned the limited company for a decade and have a website for it under another domain name.

    Any advice appreciated,

    Thanks
    If they use the domain with your logos or trademarked material, you can contact the domain registrar and they'll help you out and of course you can get an army of lawyers to sue the owner, but just owning the name isn't wrong.
    {{ DiscussionBoard.errors[9110249].message }}
  • Profile picture of the author MaxGalitsyn
    Most likely you don't have any rights to the registered domain name.. Unless they abuse your trademark..
    You may think of a rebranding or trying to buy this domain out whichever is cheaper.
    May be .biz .org or .co.uk will also work..
    {{ DiscussionBoard.errors[9114504].message }}
  • Profile picture of the author tyronne78
    What about "black-event-furniture.com?"
    Signature
    Visit my blog for FREE direct response marketing tips & tricks
    {{ DiscussionBoard.errors[9115609].message }}
    • Profile picture of the author David Black 68
      Originally Posted by tyronne78 View Post

      What about "black-event-furniture.com?"
      Thanks for the suggestion Tyronne - I do have a decent web address already - I just fancied having the full domain name as well - I've never really liked domains that have hyphens in..
      If I can't get what I want, I'll just leave it.
      {{ DiscussionBoard.errors[9115903].message }}
  • Profile picture of the author ErinWalsh
    I was under the understanding that if someone owns your trademark before your business was in existance they own it. I don't know if they're legally liable to turn it over or not if they owned the domain. I thought domain registration is different than company registration, but I could be wrong.
    Signature

    Boost Software teamed up with Neverblue. They helped produce this new affiliate video.

    {{ DiscussionBoard.errors[9115860].message }}
  • Profile picture of the author Tim3
    Hey David,

    The following are available...

    blackfurnitureevent.com
    blackeventsfurniture.com
    dblackeventfurniture.com
    blackeventfurnitures.com
    davidblackfurniture.com
    blackeventfurnishing.com

    any good?
    Signature

    {{ DiscussionBoard.errors[9116214].message }}
  • Profile picture of the author monitorit
    Hi,

    Im currently training to be a barrister and they way I understand it you may only sue that person if they are using the same name as your company and selling similar products to yourself. You could try and and get them to surrender it for a nominal fee with a little few scare tactics
    {{ DiscussionBoard.errors[9116854].message }}
    • Profile picture of the author Katie Rich
      Originally Posted by monitorit View Post

      Hi,

      Im currently training to be a barrister and they way I understand it you may only sue that person if they are using the same name as your company and selling similar products to yourself. You could try and and get them to surrender it for a nominal fee with a little few scare tactics
      Scare tactics? You really advocate doing that, as a trainee barrister? Sheesh....
      Signature
      **Money in your pocket?**
      {{ DiscussionBoard.errors[9116904].message }}
    • Profile picture of the author onegoodman
      Originally Posted by monitorit View Post

      Hi,

      Im currently training to be a barrister and they way I understand it you may only sue that person if they are using the same name as your company and selling similar products to yourself. You could try and and get them to surrender it for a nominal fee with a little few scare tactics
      Using such a technique is illegal, if he really want the domain, he can try to negotiate with the owner.
      Signature
      {{ DiscussionBoard.errors[9150299].message }}
  • Profile picture of the author Gold2Naira
    I suggest you contact the owner of the domain and negotiate with him/her.
    {{ DiscussionBoard.errors[9116916].message }}
  • Profile picture of the author ShaneHutton
    [DELETED]
    {{ DiscussionBoard.errors[9117047].message }}
    • Profile picture of the author IanM723
      Hmm...this seems to be coming up more and more. I just heard of a similar case with the Philadelphia Flyers (hockey team for those not in the US ) where they allowed their domain registration to expire and then someone else snapped it up before they could re-register it.

      If I am not mistaken, I think they just went with another similar sounding domain name rather than attempting to fight it out in court. Now, again, this is here in the US but I guess they just decided that it would be cheaper and easier to go with another similar domain name rather than try to put forth the time, effort, and expense of getting their original domain name back.
      Signature
      [FINALLY!!!] Stop STRUGGLING and Build a Real Sustainable SIX-FIGURE INCOME Online!
      {{ DiscussionBoard.errors[9117111].message }}
  • Profile picture of the author alanj
    Wasn't there a case a few years back where someone tried to get an extortionate fee from 20th Century Fox for a domain in their name ?
    {{ DiscussionBoard.errors[9150012].message }}
  • Profile picture of the author onegoodman
    I don't think you can do anything about it. Sorry, but even if you own the trademark (owning a company doesn't mean you own a trademark on it), and you don't own the domain name, unless the owner uses the domain name to infringement your company, you can't touch him.

    WalMart tried that before few years ago ( they had a slogan and the domain of that slogan was owned by a person ) however, the domain wasn't used. WalMart took him to court and lost since no trademark rights hasn't been violated.
    Signature
    {{ DiscussionBoard.errors[9150293].message }}
  • Profile picture of the author HelpingYouBeAnExpert
    Do what some parasites do, just sue. See what happens.
    Signature

    Join Next Live Mastermind Zoominar 100% Real World Secrets to Get Up And Running. Are you Stuck? Don’t miss it www.MonthlyMastermind.org
    {{ DiscussionBoard.errors[9150330].message }}
  • Profile picture of the author onpointinfo
    Good luck with all of this, at best the only one that you can really get a straight answer from, is an attorney that has experience with this kind of issue, call the lawyers bar association in UK, find out that has experience with these matters, they may tell you if they can do something and the cost so you make up your mind if you want to pursue this ;>)
    {{ DiscussionBoard.errors[9150443].message }}
  • Profile picture of the author Charles Goodnight
    I have been dealing with the same type if situation. I have a well trafficked niche site but when I created it the URL I wanted was being squatted on. Since I couldn't afford to pay for the URL, I created one with a dash between words. Over time (4years) my site and brand has grown. About 6 months ago I reached out to the owner of the URL I wanted to place an offer on it.

    I explained that all I planned on doing with the non dashed URL was to 301 redirect it to my dashed site. They told me even tough their site has never been operational they were seeing an uptick in hits. I told them it was because of the popularity of my site. The lowest price they would drop to was $600. At the time I passed.

    Fast forward to last week. I have a lot planned for my site and the traffic I'm getting is getting even better. So I approached them again and offered $500 (thought they might take it). They now tell me it will cost $5,000 to buy it. *sigh*

    Oh well, I hope they eventually stop trying to extort me but there is no chance I would pay that much for a URL I only plan to use for redirecting the folks who left out the dash in my URL.

    Much luck to the OP.

    -CG
    {{ DiscussionBoard.errors[9150446].message }}

Trending Topics