If a domain is already owned?

[squid]

Hi,
This is a theoretical situation, but i may be getting myself into a similar one and want to make sure I'm not in danger of losing money / domain etc.

If an individual owns "website.com" and has done since 2002 but has it parked and has never developed on it, then another individual comes along and registers "website.net" and develops it into a really popular website, making a lot of money, could the owner of "website.com" come along and claim that the owner of "website.net" was doing something wrong?

It's because i have a domain i really want to develop, but the .com version is parked and i want to know if i am going to get into any sort of problem if i do...

ty,
Sam.

 

[Gene]

Sam, one of the main things to be concerned about is whether or not the website name is a trademark. If you profit using someone else's trademark, you're inviting a lawsuit.

 

[evertonian7uk]

its a tricky one, as stated above, if its a TM then you may have issues, however since its parked and has been for sometime, i would suggest you take the domain and develope it, alot of these desicions come down to usage, parking isnt usage, develepment is,

if it were me, i would do it for sure.

good luck!

 

[squid]

Sam, one of the main things to be concerned about is whether or not the website name is a trademark. If you profit using someone else's trademark, you're inviting a lawsuit.

The name is not a trademark, i definatley wouldn't risk that
It's just a name i thought would be great for my site idea and when i went to reg it, the .com was taken. I emailed the owner and he was asking $450 for it, so i instead got the .net - But yes, it's not a trademark it's just a name

its a tricky one, as stated above, if its a TM then you may have issues, however since its parked and has been for sometime, i would suggest you take the domain and develope it, alot of these desicions come down to usage, parking isnt usage, develepment is,

if it were me, i would do it for sure.

good luck!

Thanks :D
I may aswell disclose the domain, it's
http://beauteeful.com/

Currently it's not parked (i was mistaken) but it's a totally blank page and it doesn't appear to have ever had anything on the domain because I've checked google by searching the term, and only my .net shows and I've also searched archive.org to see if they ever had a site upon the name. http://web.archive.org/web/*/http://beauteeful.com/

So yeah, i think I'll go ahead and do it, ty for the advice, repped :D

 

[evertonian7uk]

i highly doubt anyone could get you on this domain name mate,

develope it and reap the rewards, good luck in your venture.

 

[Dave_Z]

Currently it's not parked (i was mistaken) but it's a totally blank page and it doesn't appear to have ever had anything on the domain because I've checked google by searching the term, and only my .net shows and I've also searched archive.org to see if they ever had a site upon the name. http://web.archive.org/web/*/http://beauteeful.com/

The domain name might be used for email, though:

http://www.zoneedit.com/lookup.html?host=beauteeful.com&type=MX&server=&forward=Look+it+up

beauteeful.com MX 10 mail.beauteeful.com.

Might be, anyway.

 

[squid]

The domain name might be used for email, though:

http://www.zoneedit.com/lookup.html?host=beauteeful.com&type=MX&server=&forward=Look+it+up


Might be, anyway.

Could that present me with problems?

 

[AdoptableDomains]

Okay, the .com owner registered it first. You then registered the .net and want to develop it. If you develop it first, it might give you certain rights for a particular use of that name. It would not give you the right to take the .com in most cases. It would not give the .com owner the to later develop for the same use as your site unless it was merely descriptive. Your .net use first, could actually limit the usefulness of the .com holder's domain and devalue it. UDRP goes by registered AND used in bad faith, giving a high burden of proof since he registered first. However, some IP law may go beyond that in regular court and allow for just use in bad faith if the .com owner then used that domain in bad faith to send users to your competitor or something similar. It won't mean he can't use it, but it will limit how it can be used therefore protecting your site.