If I have a trademark.. and someone has the domain..

Lets say I have a trademark on a company name. However, someone has had the domain for quite a while (but it isnt and has never been developed). Would it be possible to recover the domain using trademark enforcement?

 

I might be wrong but i think if they have domain name before you trademarked it you have no recourse.

I know if you try to patent or get a patent and someone has proof they came up with it before you. You have no rights to it. This would be something that is notorized for a patent or some other options.

Domain name might act in same way. I have trademark laws but would have to look them up.

 

It's possible. But successfully pulling it off is a different story, depending on all
and any facts presented during a dispute.

Why not try to make an offer to buy it? Respect goes a long way, after all.

 

I'm currently trying to negotiate a price, but the owner is a combination of rude and crazy.

 

That's the way some people are sometimes. Just try to play along and do your
best, although trying to know more about who you're dealing with can help.

If you're looking into filing a trademark infringement dispute against him or her,
you'd better seek advice through a licensed, experienced professional instead
of here, one who will review any and all available facts to assess your risks.

 

Owning a trademark does not give you automatic rights to a domain. It has to be infringing upon your classification, of which there are over 40. You can have a dozen trademark owners for the same exact word, each having their own specific usage rights.

If I owned Apple.com, Apple (the computer company) would have no legal rights to the domain unless the usage was infringing upon their usage (i.e. selling computers, ipods, etc.). A domain like AppleComputers.com would be infringement.

You say they have had the domain for a long time - does their domain registration predate your first usage? This could also be a factor. A trademark is contestable for about six years from when a trademark is first filed, so you want to make sure they don't object to your claim.

A parked domain isn't going to have a clear usage established, so it makes it harder to claim it is infringing upon your classification. There are cybersquatting laws, but you would be arguing they registered the domain to ride the goodwill you established - again, since they have had the domain for a long time, your first usage date is going to be important.

If they registered the domain before you started your company, you likely have no legal claim to the name. If your business is selling t-shirts, you would only have cause if the they started using the domain in a way that conflicts with yours (selling shirts, or clothing, etc).

You should consult an attorney that specializes in trademark law. They can examine all the facts and particular name and give you a much better opinion.