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?

 

[accent]

All these folks throwing C&D letters around---

If the guy thinks he has a right to the domain (and how many people admit they are in the wrong???) then a C&D will P!$$ him off and the price may soar, if he will sell it to you at all. Negoitiate or find an alternative name, he has priced his name at the cost of litigation --- minus the stress and chance of losing and getting nothing.

 

[msfedxx]

Godd luck to you on acquiring it.

 

[Lemon Jelly]

Isn't a C&D letter an American thing? Is the a British version called something else?

I'll see if it is a TM we have and go from there.

 

[Aggro]

All these folks throwing C&D letters around---

If the guy thinks he has a right to the domain (and how many people admit they are in the wrong???) then a C&D will P!$$ him off and the price may soar, if he will sell it to you at all. Negoitiate or find an alternative name, he has priced his name at the cost of litigation --- minus the stress and chance of losing and getting nothing.

Agree.

And OP waited 5 yrs before wanting the domain and stepping forward...

Isn't a C&D letter an American thing? Is the a British version called something else?

I'll see if it is a TM we have and go from there.

I doubt OP has a TM (or common law rights) to the business name. He would have known he had a TM (it's not something you don't know about), and would not be here seeking advice - but would have already contacted his IP lawyer who helped with the TM reg.

In poker, the other guy should call your bluff.

 

[sker]

Thanks for sharing that side, sker.

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

thx for the point.

I would strictly recommend to go for the buy-out if he hasn't got the TM.

 

[tipsfromthetop]

if its a .co.uk name as i noticed your talking in £ pounds then contact nominet and if your a limited company then give them your company number and they will get the name for you.. or they will talk to the owner about the rules of henching names.

It is against the law in the uk now for anyone to register a name and hold it while a limited company which was registered before the said name and try and hold it from them or get them to buy it.

I iam a UK registrar and some of our clients had this problem everyone that could prove they were an established LTD company before the name was registered got their name.

If its a .com or other tld then your have to abide by other country law and the only option i see really if your not TM is to buy it or at least try and get it lowered.

 

[Aggro]

If you bothered reading the bit "...would like to buy the .com" you would have saved yourself an irrelevant post

 

[Lemon Jelly]

According to the boss man it isn't a TM, it's been handed over to someone else now.

 

[aliengg]

LoL, with all the expert opinions, I will not say more. If I were you, I would just negotiate for a lower price.
Believe me, going to court isn't pleasant. I rather spend that time for some fun.

 

[Aggro]

I doubt OP has a TM (or common law rights) to the business name. He would have known he had a TM (it's not something you don't know about), and would not be here seeking advice - but would have already contacted his IP lawyer *who helped with the TM reg*.

In poker, the other guy should call your bluff.

Some people would rather spend the money on lawyers and such rather than negotiate (and towards the cost of the domain).

Oh wait, but "it's our domain"...after waiting 5 years to step forward and not getting it from 2001 to 2003.