Legal question

[locomo]

Hi

Several years ago, before getting into domains I purchased a .net domain for my personal website. I'm a teacher and in the years since I've generated a lot of content on the site ranging from resources/syllabi for students, blog posts and my own art/commercial portfolio.

Now I see that the .com,.org or the same domain have been registered (my bad). Do I have any footing to go after these names? I haven't trademarked the name (not even sure if I could) but I can demonstrate consistent usage.

Thanks!!

 

[MJ]

I am no legal expert, but I'd say no you do not have the right to get the .com now.

According to ICANN Uniform Domain Name Dispute Policy, you can only dispute the name if

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

All three conditions must be met to get the domain from them. It looks like since you don't have a trademark and their domain registrations probably was not in bad faith you would not be able to dispute this.

Sorry

More info on the dispute policy can be found here.

 

[locomo]

thanks, i figured my chances were slim ...

 

[Morph]

I'll move this to the Legal section - you may get more replied there, although I do doubt you can do much.

Cheers
Tom

 

[DNQuest.com]

You were not using the domain in a commercial aspect, thus are unable to claim TM. Even with that said, TM holders DO NOT have exclusive rights to any domain name. IF they were to have a TM, then they would need to prove the 3 elements Mike pointed out above.

Basically, there doesn't seem to be anything you can do.

 

[locomo]

thanks all - I guess my next step is to just ask them nicely

 

[DomainMayhem.com]

thanks all - I guess my next step is to just ask them nicely

Which should have been your first step, ethically speaking.