Someone registered my company name

[Lemon Jelly]

This domain name was registered in 2003 and has been a holding page ever since. We have been in business since 2001 and would like to buy the .com but the guy has said that if we want it we can have it for £1500, is there anything we can do to get this domain for free or at the price is was brought for from the off?

 

[DNQuest.com]

You can try sending a C+D adn scare them. If that doesn't work then you have UDRP or court to try to gain the domain. The costs are all relative to how much you want to pursue this. a UDRP costs $1,500.00 us I believe plus and attorney costs and time wasted (just have to weigh the pros and cons of caving it to the price vs. challenging for the domain).

 

[Mike]

your company name has a TM on it? if so, when has the TM (trademark) been established? if the TM was assigned to your company BEFORE the domain owner registered his domain, you should contact the domain holder and enforce your legal rights.
If you don't have a TM on your company name, i would consult with legal counsel and see what can be done. However, since the page is just parked its essentially not interfering with your business, thus giving you only a small chance to use this as an argument.

My tip:
You may just consider to negotiate the 1500 down to something more affordable, since the attorney fees are not going to be much below this amount anyways. Or, find a different online approach and get creative, once the domain owner realizes that you found a way around it, the sales price may magically get lowered.

:imho:

 

[Keynes]

It seems like you don't have a TM (perhaps I'm wrong) -- 1) If you don't have a TM, you're SOL, and will have to negotiate...1500 isn't too steep 2) If you have a TM, send a C&D to open up (legal) dialogue

 

[MadAboutDomains]

It will cost more than $1,500 to prise it out of their hands. If you are serious about doing business on the domain then you should just buy it.

$1,500 is not a lot.

 

[stscac]

You can try sending a C+D adn scare them. If that doesn't work then you have UDRP or court to try to gain the domain. The costs are all relative to how much you want to pursue this. a UDRP costs $1,500.00 us I believe plus and attorney costs and time wasted (just have to weigh the pros and cons of caving it to the price vs. challenging for the domain).

C+D would probably be your best bet, but if you really want the domain name back, you're probably going to have to get a lawyer and fight for it.

Here are some domain name decisions from WIPO.

-Steve

 

[estibot.com]

Here are some domain name decisions from WIPO.

Some of the complaints are pretty outrageous. Deutsche Post tried to steal post.com from its owner by filing a complaint claiming that it infringed their trademark. Fortunately they failed, but unfortunately were found innocent of reverse hijacking....

 

[Spade]

Rotten situation, but its a lack of care to let a valueable domain name expire (valueable to you, anyway). If 1500 is affordable pay it and take your lesson. If it isnt - make a lowball counter and inform them that youll never be willing to pay more than $250 or you'll just go and reg a different name. (thats what I would do). They may come back with $500 - which is reasonable for a business.

 

[cache]

it is cheaper just to buy that domain.
You could have done better if I did not contact him yourself. You could have asked a friend of yours to get it pretending he did not have too much interests in it.

 

[sf2010]

as many people said, it's not worth fighting imho.

get someone outside your company (that you can trust of course) and counter at 300 pounds. i'm guessing the guy who owns will sell it to you for 1000 pounds. make sure someone representing you know how to handle this transaction to minimize the risk of getting ripped off (perhaps use escrow.com?).

good luck!

 

[Aggro]

It will cost more than $1,500 to prise it out of their hands. If you are serious about doing business on the domain then you should just buy it.

$1,500 is not a lot.

GBP £1,500 ~ US $2,820.

Be glad it's not owned by one of the 'notorious' domain holders otherwise it might cost you one of you kidneys - if they choose to sell.

 

[sker]

What a coincidence.

i'm in kind of similiar situation but i'm in the other end.

My advice is just pay the £1500 or try to negotiate for £1000.All depends on your financial capabilities.
If you don't have TM then you should be thanking the Lord for asking price.

V

 

[fonzie_007]

If you don't have TM then you should be thanking the Lord for asking price.

Agreed. If you have a TM, throw some legal muscle at the guy. If you don't have a TM, buy the domain for that price and consider yourself lucky.

 

[Dave_Z]

What a coincidence.

i'm in kind of similiar situation but i'm in the other end.

My advice is just pay the £1500 or try to negotiate for £1000.All depends on your financial capabilities.
If you don't have TM then you should be thanking the Lord for asking price.

V

Thanks for sharing that side, sker.

Nothing like 2 parties on "opposite" sides giving perspectives on how to handle
this situation.

 

[slider]

Nothing like 2 parties on "opposite" sides giving perspectives on how to handle
this situation.

I was thinking that as well. :lol:

 

[Jeffrey]

If C and D wont work and your company name doesnt have a TM, then try asking a smaller amount, maybe 1000£

 

[matt_bodis]

Try to negotiate it down to $1000 USD. Obviosuly if you have a TM, come up with a good approach to try and take the domain for free or for reg fee. Otherwise you have no choice but to settle for cash.

 

[nRnF]

The asking price is not that high (concidered for a company & possible leagal cost implications).
but depending on what you are willed to pay for, you MAY give it another negociation try ?

Something like ... -20% ?) ... he might agree (depends on prev communications).
If not...
Hell him something like: OK, but seller bears escrow fees
Or just...

...be thanking the Lord for asking price.

Good Luck

 

[owntype]

or you can hire an experienced domain buyer help you to negotiate with them

 

[Silhouette]

neg. to 1/3 of that figure (most probably workable since that figure is his initial quote), and buy it from him

just mho