Our company name's .com is taken by another company in Canada (we're in the US), and I'd like to see if it's possible to get it from them if I take the steps to do so. Normally I realize this would be impossible, but they've had a temporary, pointless 1 pager up for over 6 years, and they have absolutely no presence online apart from that one page. They're duds, and I want the domain name no matter what it takes. I already offered tens of thousands for it, but the owner doesn't return emails (I've even tried tracking him his name and finding alternative emails, or sending fake inquiries about wanting his companies' services, etc, no replies, not one). So I've read that there can be certain situations where you can get a domain name from someone in a case like this, when the current owner has your company's name and never plans to do anything with it (yea, it's a bit different here seeing as they are a real company with that name... but). Maybe this was misleading information, but I hope not. I'd really appreciate some guidance on this; how much it might cost to fight him for it, if it's even possible to do so, etc. Thanks.
Thanks for that. In it I'm reading that to show legitimate need of the domain (or however they put it) all you need to do is show that you will eventually use it. Well they've said they will for something like seven or eight years.. wonder if that's legit? =/
Hm, it will be much for expensive going down that route. I personally would check the whois data of the domain, then either attempt to snap it up if/when it expires, or to look at the contact details and contact him directly using those details. Afterall, if those details given in the whois.net database are wrong, the domain would be as good as yours, as it's illegal to provide false information when registering a .com domain name, or any other domain name for that matter
You don't have automatic rights to a domain just because it is the name of your business. There are cybersquatting laws for people who register a domain of a well known company hoping to resell it to it to them - but it doesn't sound like that is the case here. If you were using the "trademark" before them, and IF they are infringing upon your usage of the mark, you might have an infringement case - especially if you had a Federally Registered mark in an international class. From what you have posted, it sounds like you need to buy it from the current owner. Try calling them if they don't respond to emails.
And that's really your first requirement, creative. No trademark, no enforceable claim. If you're really willing to do whatever it takes, how about a phone call?
Rights to a domain boils down to your trademarks, and if the domain owner has infringed on your trademarks. If that name was registered before you had a trademark, then you are pretty much out of luck. The fact that you may develop the domain instead of him allowing it to sit with a one page site also does not give you the right to take the domain. It may be possible that the whois information for the domain is outdated and he is not receiving your inquiries. If needed, hire someone to find this persons current address and phone number.