Business domain?

Discussion in 'Legal Issues' started by Boris4ka, Mar 29, 2008.

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  1. #1
    I made a website for the company I work for, and now when we were going to buy the domain, it was already registered. If the company name is Real Estate Company (just an example), does the company automatically have rights to the domain realestatecompany.com? The domain is owned by some guy (did a whois on it, it's a guy not a company that owns it) and it's parked, so can the company claim it back? The company has been around for 50+ years, so they did make the name first.

    If we do have a right to it, how do we claim it?

    Thanks
     
    Boris4ka, Mar 29, 2008 IP
  2. tobycoke

    tobycoke Well-Known Member

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    #2
    1) Negotiate to buy the domain

    and/or

    2) File a UDRP (Uniform Domain Name Dispute Resolution Policy) with ICANN. It will cost at least $2000 and you will have to prove 3 things (all 3).

    (i) the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

    (ii) the owner has no rights or legitimate interests in respect of the domain name; and

    (iii) the domain name has been registered and is being used in bad faith.

    http://www.icann.org/udrp/udrp.htm
    http://www.icann.org/udrp/udrp-policy-24oct99.htm
     
    tobycoke, Mar 29, 2008 IP
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  3. Boris4ka

    Boris4ka Well-Known Member

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    #3
    Ok thanks. Looks like #1 is the only option because of the money needed for option 2.
     
    Boris4ka, Mar 29, 2008 IP
  4. swiftest

    swiftest Member

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    #4
    Your company does not automatically have a right to a domain name even if you have a trademark in that domain name. Trademarks apply to specific categories, so that's why you can have a Linux laundry detergent and the operating system. Also, it may depend on where you do your business--whether it is specific to a state or if you do business in all states and internationally.

    You can have a business that is identically named to one in another state each legally serving business locally but with no connection to each other. So it depends on the strength of your trademark and how the current domain owner is using the domain. Better to try to negotiate first if possible since legal fees can eat you alive even if you win. But if it's important enough, best to get a lawyer involved.
     
    swiftest, Mar 29, 2008 IP
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  5. sydneyaus

    sydneyaus Active Member

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    #5
    Avoid spending a lot of money in legal costs, which may still not get you the domain name. Try to buy it from the owner, use words like possible Icann procedure and trade mark in your negotiations.
     
    sydneyaus, Apr 3, 2008 IP