We own the copyright/tm to the label "clanwars" and have been running www.clanwars.cc for a very long time. The owners for clanwars.com have been holding the domain from us and not using it. They claim they are releasing a website, but all they ever do is update the picture on the home page when the year is over. How do we go about aqquiring the domain from them. They told us they would not give us the domain without a huge ammount of money being paid which we dont have to give. Help?
This should prove our size and seriousness also... for anyone wondering. http://www.google.com/search?hl=en&rlz=1T4GGIH_enUS216US216&q=online+gaming+leagues
Essentially you only have two options in trying to get that domain name: 1. Try to buy the domain name. 2. Dispute their ownership in an appropriate resolution forum. For #2, either sue in court or file a Uniform Dispute Resolution Policy (UDRP). However, don't expect to go unchallenged. Remember, though, that people generally don't appreciate others trying to get something desirable that essentially doesn't belong to them, merely because they got it first. Tread carefully.
Thats not it though... 1. Its our "clanwars" not theirs 2. They arent using it, and are holding it hoping we will pay them for it.
Which domain was registered first? If the .com was owned before you bought the .cc, you're facing an uphill battle. Whether they've established something relevant on their site really doesn't matter.
IANAL and could be wrong. You would have to prove all of the following to get the domain: (i) you own the trademark; (ii) the owner does not have a legitimate interest in the name; and (iii) the name was registered in bad faith. you can prove (i); you have a shot at proving (ii); but considering the owner of clanwars.com was registered serveral years before you established clanwars.cc and trademarked clanwars, I think you'd fail to prove (iii). But I could be wrong. I heard rumors of people trying to steal domains by unethically registering .net's, registering the domain as a trademark, and then claiming cybersquatting on the already registered .com.
And how exactly do you demonstrate it's "yours", more so first use? Speaking of first use, that's one thing where it boils down to. Also, now that you've posted the actual names here, they're likely to find this and use it against you should this reach dispute. Again, tread carefully. It does in exceptional cases, albeit the keyword is "exceptional".
Trademark rights go to the first to use the mark in commerce. Merely purchasing a domain name will not allow someone to own a mark in that name. They must actively use the mark in commerce.
To the OP, you do not have a registered trademark for Clan Wars. I did a trademark search for both "clanwars" and "Clan Wars", but all the trademarks displayed were dead, meaning they were either abandoned, canceled, or met opposition. My guess is you registered clanwars.cc because it was the best domain extension available at the time, meaning all the other clanwars domain holders got there before you. And by looking at a few of the clanwars domains, it seems others have created sites with them before yours. Which means, others used your name in commerce before you and you probably have no basis for a trademark. You neither have a trademark for clanwars nor are you eligible for one as far as I can see. If anything, the other clanwars domain owners could say that you're infringing their trademark! I also have to wonder if you know your legal terms. In your post you said you have a copyright for the term "clanwars". I hate to break it to you, but you can't copyright names and titles, including business names . This is a common misconception. Agreed. In order to have a trademark, you must show commitment to use the name and actually use it is in business. This is why Coca-Cola put trivial amounts of Cocaine in its products many years ago. You see, the soda was originally developed for medicinal purposes, and at the time Cocaine was very commonly used as medicine. When the drink became popular as an everyday beverage, Coke wanted to remove the Cocaine, but had to leave some in as the name "Coke" came from the fact that it contained Cocaine. Without the Cocaine, Coca-Cola had no basis for a trademark.
Here is my point of view... The owner of clanwars.com can do anything he wants, it is his domain name; if he aquired it legitimately.. The money you will spend suing them over any issues will amount to more that the domain name is worth. I suppose you just have to dig deep into your pockets if you'd like this domain name. Do you mind sharing how much they want it for?
If you mean you searched USPTO, one thing I learned about that is a "dead" registration simply means whatever its status indicated. It doesn't mean that the party is no longer using the term as a trademark, albeit they won't have the same benefits a "formal" trademark registration has. So if I originally filed a registration for Dave Zan, it got approved, then I did not renew its registration after 10 years, the USPTO will mark it as whatever. But I can still use the term Dave Zan as a trademark to sell widgets until I'm no longer selling that widget. Of course, don't take my word for it. Feel free to ask an attorney who does.
Certainly, if the OP were the first person to use the name in commerce he would still have a trademark. Trademarks do not have to be registered in order to be valid after all. However, the fact remains that he was not the first to use the name. This means he has no trademark. Look at the archive for clanwars.net. It was first used in 1998, long before the OP registered clanwars.cc. No trademark= no domain. You're at the mercy of the domain owner of clanwars.com. He can name whatever price he wants. Then again, you could possibly have a trademark for clanwars for use with gaming leagues only. I don't know whether or not a gaming league site would be considered the same or different as a clan website by the name same but created earlier. If they were considered to be different by a judge, you could get a trademark, but then you would have to prove clanwars.com was similar to your site and thus infringing on your trademark.