Legal question about my business and domain

[Filtered]

I have recently started a business and have aquired a business license. I would to get my domain name which is currently used as a search engine (parked) How would I go about getting the name legally? What recourse do I have?

Thanks for your advice in advance.

Seth

 

[Keral_Patel]

Means you have acquired the trademark to that particular word?? That the other guy is using as a domain name?

I doubt it as you have recently acquired teh licence or rights. And if the domain name is registered before it and has no connection to your business it will be a tough one. I think the best idea would be to take it slowly and contact the owner and try to get it from him for as less as possible

Thanks. Just an opinion bcoz I think the legal way will also cost some $$$'s

 

[amosba]

It all depends on who has registered the name and when it is due to expire. Some companies will let names drop when they expire if they don't get much traffic - you may be able to wait it out and catch the name when it does eventually drop. Be warned though, this can take several months. If you want/need the name NOW, you could be asked to pay $300-400 or more.

When I went to register my business name's .com (I already had the .com.au which I had been using for a number of years) only to find that KenyaTech had registered it. I did some research and found they were a dubious operator at best, so I left it alone and waited for the registration to expire. When the name first dropped, a domain kiter snatched it, but dropped it after 5 days then a second kiter snatched it and I finally got the name 5 days after that. All up, I had to wait about 4-5 months from when I first went to register the name. For me that was not an issue, as I have been using the .com.au and did not need the .com in a hurry.

If you are going to wait and try to catch the name when it drops, it is best not to visit the page or enquire if the name is for sale, otherwise that will tip them off hat you want it and they could very well renew the registration and/or raise the asking price.

As far as legal recourse for getting the name, you proobably have no chance. Under normal URDP rules, you must show that the person registering the name has done so in bad faith. If you have only just registered your business name, the current owner of the domain can easily refute the bad faith claims and your URDP claim will be rejected. If they registered the domain after you registered the business name you may have a case.

 

[Ronald Regging]

I think the best way to come up with a business name these days is to come up with a bunch of possible names, check domain availability, and make a decision based on that, and register as soon as possible.

At this stage, you really have no recourse other than to offer to buy the domain from them.

 

[Filtered]

what about with itunes.co.uk
The guy had it for a long time before apple..and they took it from him..

 

[Ronald Regging]

I dont know the specifics of the case, but its possible that after the release of iTunes by Apple, the guy put up ads for actual iTunes (Apple) related services... In which case, Apple could prove bad faith based on the fact that they were attempting to profit off of Apple's TM.

For example, look at Adsense.com... Adsense is probably Google's biggest money maker, and yet they haven't managed to get that domain yet, because that company existed first and they aren't doing anything to violate Google's TM...

Generally speaking, if the domain was registered before your company existed, you have no legal right to it. And if you try to get it by filing a claim with ICANN or through whatever legal matters, it's what is commonly known as reverse hijacking...

You're late to the game and you either need to find another domain, offer to buy it from the owner, or change your business name... First come, first serve.

 

[Dave_Z]

Couple of threads here re: iTunes. But the short of it is that iTunes was filed
at the UK IP office a month or so before the domain name was registered.

Buy it or seek legal advice. Either way it's not cheap, but one might be more
practical than the other.