Due to clerical error, squatter has one of my domains. Any hope at all reclaiming?

Discussion in 'Domain Names' started by Sean Ross, Jul 29, 2012.

  1. #1
    Hi,

    I am a New Zealander and have several domains registered for a single entity website of mine (it has been running for a few years now), this name has every viable domain registered to it, probably 10 in total .co, .net, .org, etc etc. One of the domains lapsed last year and I completely overlooked it (sigh/cry). What happened was it was in my wifes name, she got the final notice and forwarded that to me but I never saw it. She, not knowing about such things didn't discuss with me. It wasn't until tidying up some business processes that I realised it. Anyway, it expired and a squatter grabbed it (one of those squatters that is big and has 10,000+ domains). It is now just a splash page of ads, yet the ads are directed to topics relating to my primary business (which I have heard might give me a case against them?). For example lets say my primary domain was gsfr.org (gun scopes for rifles). The squatter now has gsfr.com and the ads on his parked page are for gun scopes and guns. Clearly he is using it to leverage off of my other domains established market space. I have approached the squatter to attempt to buy it but they want 3k US for it. I feel like I may be out of luck, certainly don't have 3k lying around. Anything I can do even if it's a hail mary pass?

    Thanks
     
    Sean Ross, Jul 29, 2012 IP
  2. Pepdeal

    Pepdeal Peon

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    #2
    it may work
     
    Pepdeal, Jul 29, 2012 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Realistically, your only chance is if you can: a) demonstrate actual, existing trademark rights to the term
    in question prior to the domain name being acquired by that other party, and b) show that other party is
    infringing your trademark, if any. OTOH, a trademark aims to avoid confusion rather than give some magic
    claim to take its domain name-sake.

    Unless you can do A and B above, unfortunately there's nothing that can be done except to try to buy it
    somehow someday. Sorry to read of your loss.
     
    Dave Zan, Jul 30, 2012 IP
  4. atxsurf

    atxsurf Peon

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    #4
    my suggestion is: do nothing. They will likely gonna to drop it after no offer after a year (well unless there is traffic and parking revenues of course)
     
    atxsurf, Jul 30, 2012 IP