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Can I claim .com for a domain I got in .co.uk

Located in Legal Discussion, started by Dineshkp, Oct 22, 2016

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  1. Dineshkp

    Dineshkp Top Contributor VIP

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    Greetings fellow NPers!

    I am revamping a website for an acquaintance. He is facing this situation and I am looking to clear things up for him.

    Situation:
    - He has a domain name [medical_term][place_name].co.uk for about 5 years (I cannot give out the name as per privacy reasons)
    - Another person recently registered [medical_term]in[place_name].co.uk (yes, with the word in between the medical term and place name) and also [medical_term][place_name].com registered approximately 5 months back

    Problem:
    I don't care about the domain with in in-between. Can I by claim the [medical_term][place_name].com domain name from him?

    Thank you
     
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  2. Dominic Belley

    Dominic Belley Four Letter Acronyms VIP

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    No you can't.
    You can fight if the domain name is a trademark and the other person is trying to profit from your reputation.
     
  3. Dineshkp

    Dineshkp Top Contributor VIP

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    Thank you @Dominic Belley

    both are generic terms so I don't see how we can claim a trademark on that. But considering the length of time the domains have been registered and the search engine reputation built on the name using the content on the website, what are the chances?

    Also the other person has the same website on all three domains.
     
    Last edited: Oct 22, 2016
  4. -EM-

    -EM- Top Contributor VIP ★★★★★★★★★★

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    If you would care about the name of your business you should care about both domains.... This is a situation of claiming someone's domain for free just because it is better than what you own.
     
  5. Dominic Belley

    Dominic Belley Four Letter Acronyms VIP

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    There is nothing you can do im afraid.
     
  6. richface

    richface VIP Member VIP ★★★★★★★★★★

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    Only one way to acquire it is to pay for it. Unfortunately claiming domains for free would lead to chaos over the web.
     
  7. Dineshkp

    Dineshkp Top Contributor VIP

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    The current situation is in my knowledge only for about 3 weeks. If I had taken this up earlier you can very well be assured I would have suggested he register the related .com first. However, since that is not case, I am looking to see if I can by ethical means claim the .com domain.

    Thank you.
     
  8. Dineshkp

    Dineshkp Top Contributor VIP

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    Thank you @richface
    Both domains are live and both the people are of the same profession so buying is simple out of scope ;)
     
  9. Apprich

    Apprich Top Contributor VIP

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    Well, having .co.uk of the same term does not give you any privilege to claim other extension unless you hold trademark.. There are many extensions if that would be the case everybody would claim from each other..
     
  10. NameAcquisitions

    NameAcquisitions Name Acquisitions/Sales VIP ICA Member Gold Account

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    It is NOT ETHICAL TO TRY AND CLAIM WHAT YOU DO NOT OWN AND HAVE NO RIGHTS TO! You are here asking a group of domain investors if we can help you find a way to take this domain from another party because you want the name and forgot to register it. That is crooked as heck! You are essentially embodying the ignorance investors need to deal with on a daily basis from business owners, who oft think all domain investing is cybersquatting.

    Stop talking about stealing it from the other party. Contact them and offer them fair money for it, or stop whining.

    (sorry)
     
    Last edited: Oct 22, 2016
  11. Domaniak

    Domaniak Account Closed (Disallowed)

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    As the registrant of the .CO.UK name, you can "claim" .UK (it has been reserved for corresponding .COM.UK holders). There's a clock on that, BTW, sometime in 2017 or 2018 the reservation will lapse and it will be free for all on .UK's.

    Like @Dominic Belley had already told you, .COM is a different story entirely. Your friend has no basis for any kind of claim on .COM by virtue of being the registrant of .CO.UK. Thank God for small favors! Imagine that were the case and the holder of the corresponding .COM could lay a claim your friend's .CO.UK! ;)
     
  12. Dineshkp

    Dineshkp Top Contributor VIP

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    Thank you @Domaniak

    I have claimed the .uk however, thank you for the information :)

    I agree, based on the information given by everyone in this thread it is not possible to claim the .com. The only choice would be to buy it but it is 0.00000001% :p

    The current .com domain owner cannot claim rights over the .co.uk domain due the generic term no trademark thing. Also the .co.uk domain is registered for over 5years, so the .com domain owner would have to pay good compensation if the current .co.uk owner was to give it.
     
  13. NameAcquisitions

    NameAcquisitions Name Acquisitions/Sales VIP ICA Member Gold Account

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    Only fair expecting to pay good compensation for theirs. Good luck with your negotiations.
     
  14. alcy

    alcy Top Contributor VIP

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    make him an offer. and go from there.
    he's no more interested in giving away his domains for free to strangers than you are to give away yours when spammers email you

    gl
     
  15. kmnsh

    kmnsh Top Contributor VIP

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    Certainly, not..UK is what you've right to claim. Else, need to acquire by purchasing, especially .com.

    Thank you.
     
  16. platey

    platey Top Contributor VIP

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    what your friend has is similar to what i have and or had until recently

    eg trade and county etc eg a person looking for a tradeperson in the county they live in etc so they will type in tks Google etc the
    ( trade in county) and the county
    ( in ) in the domain name is important because the potential customer will type the in er in when they type the trade IN county etc because such a domain name will get perfect type in traffic eg organic SEO eg free SEO which a brand as good as brands are have to breaded developed in to a brand etc but eve then they will struggle to beat a trade IN county for free organic SEO and because i own and used to own a few of them (they are becoming rare and expensive to buy because they are nearly all bought up now) but i used to buy them for £6 for 2 years which is what they would have been when your friend bought them as they have only just gone up in price to approx same as they.com price per year registered fee etc

    but suffice to say either the other company will want to buy yours or why not make them an offer to buy theirs? although it might be worth trying to buy a few of the remaining trade or profession and county but in .co.uk tho as county and or city in uk prefer .co.uk unless the company is a large global international company as they tend to choose .com
     
    Last edited: Oct 22, 2016
  17. Dineshkp

    Dineshkp Top Contributor VIP

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    I understand it is not possible to claim the domain name.

    Thank you for your time and advice everyone.
     

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