Company name taken

[rsek]

This is the situation,

Someone has company 'ABC123' and he wants to register a domain, and mails a few registrars about registring the domain, when he wanted to reg it, it was already taken, ABC123.be . They send ABC123 a mail with a price for how much they could buy it.

Is the legal? Can I contact dns.be to get my domain back?

 

[slipondajimmy]

well i read this two times and I dont understand.

The domain is already taken, and you want to reg it?

 

[BMFX]

i read three times and i to didn't get it..

care to try and explain better?....

 

[.jd.]

If you didnt purchase it, you cant get it back. Just cuase you are the company doesnt make you liable to have the domain. So in this case, if there isnt a site on there and isnt generating any income. your screwed

 

[rsek]

The company looked if it was available, then they contacted the registrar for some info, and after they received info, they wanted to register the domain. But at that time it was taken, can you get it back if you can proof that your company needs that name and if you can proof if the guy who regged it, wants xxxx for the domain?

 

[BMFX]

Wow i am confused if your talking about forcing your ownership of it for free than no. Inless it's a trademark and was created piror to the sites creation.

 

[DNQuest.com]

Domains are registered under a first come/first served. Unless you hvae a TM and they are illegally infringing on the domain, there isn't much you can do about it. TMs do not automatically give exclusive rights to register domains. So if the company feels there TM is being illegally infringed upon, then you have to file a UDRP or go to court.

But it sounds like they were looking up available domains and saw it available, but did not registere it at that time, meanwhile, the domain was "tasted". It is becomming a common practice (and in my view, illegal practice)

And no one "needs" a domain, they may strongly want it, but no one cares if you really need it except the person who own$ the domain$ you want.

 

[rsek]

so, basicly, if your company's name is a TM, you can go to a lawyer?

 

[ckdomain]

Weird weird. so do you own abc.be?

 

[rsek]

nono.. It was just a sample... .

 

[BMFX]

resek. Only way you can get a lawyer is if your company was created before the domain was bought. Which if you ask me sounds like your ring to hijack a domain.

Which i personly disagree with....

- John

 

[Fka200]

Why didnt the person just invest the $6.99 and own their domain name (assuming that is reg fee, might be different for other TLDs) ?

If it's your company and your domain is available... grab the name...!

Not sure there is much you can do at this point for what I understand of your post.

 

[ckdomain]

nono.. It was just a sample... .

i mean your the domain owner right?

 

[gmtfan]

resek. Only way you can get a lawyer is if your company was created before the domain was bought. Which if you ask me sounds like your ring to hijack a domain.

Which i personly disagree with....

- John

Sometime this does not work. It really depends on the country you are in. I don't know about .BE but I saw many companies in my country have to take .com.vn instead of .vn (or vice versa)

 

[rsek]

i mean your the domain owner right?

no. some friends of mine.

 

[BMFX]

Here rsek,

do me a fav please and rewrite your question. We are all a bit lost...

 

[Dave_Z]

Sometime this does not work. It really depends on the country you are in. I don't know about .BE but I saw many companies in my country have to take .com.vn instead of .vn (or vice versa)

What gmtfan probably means is it depends on the rules of the extension. It
seems .be in this case.

Now I've read this at least 3x to make sure I've more or less understood what
rsek is asking and saying here. So feel free to correct me if I'm wrong.

In theory, as DNQuest said domain names are first-come-first-served. But the
issuing office (the Registry or the registrar of that extension) will confirm the
registration of that domain name to whoever meets all requirements promptly.

Rsek seems to think the domain name in question is theirs simply because they
queried it but didn't register it on the spot. My first question is why they did
not do so when they had the chance.

As a followup, what makes rsek or his/her friends think only they have rights
to the domain name in question, simply because it matches a company name?
For all we know, there are a gazillion companies bearing that name as well.

Next, rsek seems to also ask is this legal. Well, that's something only a lawyer
who understands the .be policies (or whatever that extension is) can possibly
answer, although this layperson will hazard a guess that it currently is.

Rsek, if the bottom line is you're asking how to possibly get control of a thing
that currently doesn't belong to you or your friends, why don't you try to buy
it from its current holder? If the price is beyond your limit or they don't reply
at all, and you and your friends insist on trying to get it, then you'll have to
seek legal advice.

OTOH, why not lookup another domain name and see if it's available?

 

[rsek]

Here rsek,

do me a fav please and rewrite your question. We are all a bit lost...

- Friend of mine owns company X (example)
- he wants to register www.companyX.be
- he does a search and it is available
- he contacted some registrars, to ask some questions
- decided to Register www.companyX.be since it was available at his last search.
- Noticed it was taken.
- Received a mail from the dude who registred www.companyX.be
'You can buy it for ??$, or I keep it'
- My friend asked me if the other guy can do this?


- Yes, the company was created before the domain was registred.


Hope this is a little more clear

 

[LogiK]

If your company name is TM'd you can demand it back. But only if the domain was registered after the TM was issued.

If your company is not a trademark there is nothing you can do but offer the owner money for it.

Hope i've helped,
Declan.