Should I buy the trademark?

[domain4u]

Ok,
Yesterday, i thought i would win the domain i really wanted for about 2 month when i saw it start expiring.
Though pool didn't manage to get it! instead its gone to some domain reseller company!

Would it be possible to register the name as a trademark in the uk and get the domain from him legally?
or do i not have the right?
I checked that the trademark for that domain wasn't registered! Do i have the right to do this? Is there a chance i may not get it?
Buying the trademark, would it mean i will have to hire a lawyer to fight this for me or does this come with the cost of the trademark registration.

Also when i register the trademark, do i register the trademark (text) in domain format e.g. domainname.com or domain name . com or domain name ?

The domain is a .com
The company who has it is in the uk.
I am in the uk and i want to register the tm in the uk / europe!

thanks.

 

[vip-ip]

I don't know what kind of a domain can be worth hiring a $100-per-hour lawyer... If the domain is registered before the trademark, I believe you will not be able to steal it. I'm not sure.

 

[nRnF]

Generally, if the registered trademark is posterior to the domain registration date you have only a very little chance.

Try to negociate first

 

[mole]

Ok,
Yesterday, i thought i would win the domain i really wanted for about 2 month when i saw it start expiring.
Though pool didn't manage to get it! instead its gone to some domain reseller company!

You may want to buy it off this "reseller" company. Ask what they are looking at, mentioning that you have a trademark for it. If it is too much and you are not willing to pay, then your only other option is to go UDRP or WIPO with the trademark you already have.

 

[Dave_Z]

Ok,
Yesterday, i thought i would win the domain i really wanted for about 2 month when i saw it start expiring.
Though pool didn't manage to get it! instead its gone to some domain reseller company!

Would it be possible to register the name as a trademark in the uk and get the domain from him legally?
or do i not have the right?
I checked that the trademark for that domain wasn't registered! Do i have the right to do this? Is there a chance i may not get it?
Buying the trademark, would it mean i will have to hire a lawyer to fight this for me or does this come with the cost of the trademark registration.

Also when i register the trademark, do i register the trademark (text) in domain format e.g. domainname.com or domain name . com or domain name ?

The domain is a .com
The company who has it is in the uk.
I am in the uk and i want to register the tm in the uk / europe!

thanks.

The mess.com UDRP should answer some of your questions. But you can get a more
laypersons' explanation here.

 

[JMJ]

As davezan has pointed out what you are wanting to do is called a reverse hijacking. Also as stated you are much better off just negotiating with the buyer. Trying to obtain it through the means stated will cost you thousands, you'll end up ticking off the domain holder therefore increasing the asking price, end up paying their lawyer fees to boot and all this for no name.

 

[domain4u]

he wants $10,000 for it!
a tm registration in uk is £600 in total + vat
max pay for lawyer would probably come to £2000 i think

so i think i will reg the tm for this.

 

[JMJ]

£600 in total + vat
£2000
+ UDRP $1600 us
+ all the time it would take to attempt a reverse hijacking
If you lose add an additional (which you most likely would)
£2000+ for his legal expenses since his lawyer would probably charge you more

After loosing you then have no domain and a large debt aswell as increased the asking price of the domain thats if they would even sell it to you after all of the above. If the domain is worth all of this why not go the easy route and negotiate with the seller.

Does it not register that you filling a trademark AFTER the domain was registered equals nothing?

 

[domain4u]

The lowest he came was $10,000 and thats after me threatning with trademark.
I will need to have a think to see if its worth it! Because i am starting a business and need that name!
I will give him a friendly phone call this time see if he goes down to $7500 then i will buy it, but what annoys me is how he got it from snapnames and i used pool.

 

[Peter]

As he has the domain before you have a trademark you wouldnt have a leg to stand on. You would be wasting your money.

If that was possible the world would be full of people going around registering a trademark and seizing control of desireable domains.

You must have a trademark BEFORE the domain was bought otherwise you cannot prove the owner bought it with ill intent unless you can claim they are clairvoyant.

 

[domain4u]

i am in discussion to buy it. it seems after all he does seem intrested after my phonecall.
Hope to strike a deal tomorow.

thanks for all comments.
probably saved me about £4000

 

[wisconsin]

Great! Is it ok to tell us what the domain is after you close the deal with the seller?

 

[Mike_Wiseman]

i wouldnt do it unless you know if u get the domain u can sell it for more then u payed for it (including lawyer costs)

 

[domain4u]

i will tell you the domain when payment is made and domain is SAFELY in my account

 

[smadison]

i wouldnt do it unless you know if u get the domain u can sell it for more then u payed for it (including lawyer costs)

Y'know, this may come as something of a shock... but sometimes, some people actually buy domains because they want to use them, rather than because they want to sell them.

domain4u said he's starting a business and wants to use the name, so obviously it's of some value to him beyond what he might be able to turn around and sell it for.

It's a pity he lost it in the pool to some shark just scooping up domains in order to make a profit. However, the trademark route was going to cost more and take more time than it was worth. I'm glad you seem to be negotiating an equitable price.

 

[zaros64]

good luck...hopefully you get it

 

[mole]

i will tell you the domain when payment is made and domain is SAFELY in my account

Who is this "reseller"? btw, I think this is a good reminder for those new to the drop game that if the domain registrar for the dropping name is with Netsol, then the only way you are going to grab it is through Snapnames. I haven't personally seen BulkRegister names kicking into the Snapnames system of exclusivity yet, but this is the game-plan.

 

[zaros64]

yeah! who is this reseller?

 

[Dave_Z]

Y'know, this may come as something of a shock... but sometimes, some people actually buy domains because they want to use them, rather than because they want to sell them.

That's basically the main reason, isn't it? Despite the dollar figures reported in
the recent domain sales, the truth is the buyers intend to develop them in one
way or another.

Men.com, pharmacy.com, even rugby.com, all of them have some form of
developed content in them, be it to sell their business or even gather business
in the form of PPCs and whathaveyous.

I'm glad you seem to be negotiating an equitable price.

Basically, it's all about human relations.

 

[Castlemelody]

That's a lot of money for a domain name. It must be a very significant name.
I just hope the current owner of the domain is not watching over this thread.

Good luck!

On the otherhand, it seems that Snapnames is very effective in getting drop down domains out of Netsol then?