This is the problem. Im a uk company and own a .co.uk domain (+.net) The .com is owned by a American company and it just holds a page full of sponsored links (like the sedo type page). How can i get this domain? I own a trading company in the UK under the same name. I use the .co.uk for the sole purpose of a business and this american company use it just to sell click throught (ppc) I have also done a search on the company it is registered to and i have found lots of case results where they have been taken to court over ownership of domains and lost the case. Even microsoft has taken them to court? What can i do?
You say you own a trading company in the UK... have you trademarked your name? If you're serious about getting the domain, I'd suggest finding a lawyer who has dealt with internet cases before and knows about trademark law.
As a general rule, you can't do anything to get the domain unless you can prove the registered the domain in bad faith and is riding the goodwill of your trademark. This is a lot easier for a well known company like Microsoft, and chances are, the domain they lost was using the microsoft name. Your best bet would be to make them an offer to purchase the domain. Taking a company to court over a domain name can be very expensive. The Madonna.com case had legal fees of over a million dollars. You just can't sue someone because they have parked a domain that happens to have the same name as your company.
im not able to get a trademark on the name as the domain name is a generic and commonly used word! For example: motorbike.com (this is not my site) But if it was i would not be able to get a trademark on 'motorbike'
Yes, generic names are able to be trademarked unless the usage is unique. "APPLE" is a generic term and you can't claim you own the name, but "APPLE" in the computer classification was unique and thus able to be trademarked. If the name is generic like "motorbike" and the site is about motor bikes, not childrens clothing or some other unique usage, then it wouldn't be able to be trademarked. You can't sue someone for a generic domain name that isn't infringing upon your unique (if any) usuage - your only option is to purchase it from the owner. If someone owned "Apple.com" Apple computers wouldn't have had any legal claim to the domain. Applecomputers.com would be another story. Madonna, the singer, was able to take the domain - not because she had a legal claim to the generic term, but because the former owner used the domain to put content about the singer on it. Had the former owner not done so, he still would own the domain. I would send an email to the owner of the .com and ask them if they are interested in selling - and of course, don't tell them why you want the domain or that you have a business with the same name.
If all they have is sponsored links you know that they aren't creating much cash from the site. I am sure they would be willing to sell it to you, and if they are reasonable people it would cost you a lot less than legal fees!
Listen , if you have google.info and use it for other purposes except ads search engine (or other google services) , its completly legal.Because google has a meaning not a trademark (well trademark only in s.e. or ads etc)..You hav to give the exact domain name AND mjewel is totally right.read that post carefully
This is true in theory, but not in practice. What if you wanted to name your cerium mine "Pepsi Mining Company." It has nothing to do with sugar water, but Pepsi would come in and hound you with dozens of law suits which you would win every time, but since they have more money than you they would put you under the table even if the law is on your side.
There are cases where that would be true, but Pepsi is a bad example to use and they would win everytime in a trademark infringement suit. Pepsi is a unique, not common word, and Internationally recognized. Any use of the term would conflict with their "broad trademark protection". They have over 500 patents in different classfications - not just softdrinks. Pepsi is a servicemark and it would be very easy to argue that people who saw the "Pepsi Mining Company" or "Pepsi" anything could think it was owned by or associated with Pepsico.
Then let's consider the case of Entrepreneur Magazine. They have copyrighted the word "Entrepreneur" and have hounded sites that use that word in their title out of business.
Funny though that applemac don't have apple.co.uk Darrens, does the company have the domain listed anywhere for sale like sedo, or fabulous?
Ask them how much they want for the name, but say your not going to pay more than $250 or something (or whatever you feel appropriate. It may prove easier and cheaper to buy the name of them.
If it is hosted on Sedo, it would appear the domain name owner do not plan to develop the site within the reasonable short term which means the domain name is probably available for sale. Write to them and make them an offer for the domain name and work from there.