grabing or buying back the domain with trademarked word

Discussion in 'Domain Names' started by MayurGondaliya, May 29, 2012.

  1. #1
    Hello,

    I have a doubt and have a real problem with me. Below name are just the examples.

    For example, I am having a trademark on trademarkedword in India with a legally registered company. I bought a few domains like trademarkedword.in, trademarkedword.co.in. Now, I see that trademarkedword.com is registered by someone. Is there any way to legally grab/buyback trademarkedword.com from the actual owner?

    Any help will be appreciated.
     
    MayurGondaliya, May 29, 2012 IP
  2. alamlinks

    alamlinks Well-Known Member

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    #2
    Sure, You can contact the owner of that site. If he agree to sell the domain then you can buy from him.

    Best of luck.....
     
    alamlinks, May 29, 2012 IP
  3. pupul

    pupul Prominent Member

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    #3
    You can ask the owner of the site and trademark holder to buy both.
    If he agrees with your offer he may sell it to you.
     
    pupul, May 29, 2012 IP
  4. MayurGondaliya

    MayurGondaliya Well-Known Member

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    #4
    yes, we can always contact the domain owners to know if they want to sell the domains they own. I am wondering, what if the owner denies to sell the domain and we have the registered trademark on that name? Is there any legal procedure to grab the domain name?
     
    MayurGondaliya, May 29, 2012 IP
  5. pupul

    pupul Prominent Member

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    #5
    To acquire the name they can lawsuit for the domain.
    But it depends on them, if they will go for court or not.
    If you don't get any success to get the trademark, then don't renew, let it expire.
    If you invest your time and money, then it may go for a waste.
     
    pupul, May 29, 2012 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    That depends on any dispute resolution mechanism the domain extension uses, and
    whatever laws apply on the registrar's or registrant's area. OTOH, a trademark aims
    to prevent confusion, and not necessarily grant some magical claim towards all and
    any domains bearing it.
     
    Dave Zan, May 29, 2012 IP