Lost my trademarked domain name to someone else

Discussion in 'Legal Issues' started by Waffleguy, Aug 3, 2007.

  1. #1
    In 2005, I started an LLC and trademarked the name of the business. I also purchased a domain name which was trademarked.

    I forgot about the domain and it expired... someone bought it up right away. Can I get the domain back? Do I have a leg to stand on? They have a linkspam/parking page there right now.
     
    Waffleguy, Aug 3, 2007 IP
  2. TechEvangelist

    TechEvangelist Guest

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    #2
    Yeah, you can get it back if it is trademarked. I don't know the procedure, but companies grab domain names all the time when someone is using their trademark. That is about the only way to get a domain back. I think you need to file a claim with ICANN, but I'm not sure.
     
    TechEvangelist, Aug 3, 2007 IP
  3. xd2

    xd2 Peon

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    #3
    This happened to a company I once worked for and they spoke to the company who claimed they registered the domain to keep it safe for when the original owners wanted it back, but there was a fee of $100 per month for parking and maintaining it. :-\

    So yeah I think my point was just watch out as people will say anything to make what they do a little bit more legal.
     
    xd2, Aug 3, 2007 IP
  4. davewashere

    davewashere Active Member

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    #4
    Although the legal fees might not make it worth it, you can probably get that domain back at the price the person who snatched it paid for it, or maybe even less. Courts have forced cybersquatters who bought trademarked domain names to give them to the trademark holder. This has even happened with domains of famous people if the person who bought it has no connection to that particular name.
     
    davewashere, Aug 3, 2007 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #5
    Yes. Yes.

    Of course, I'm basing those two from what you've stated so far. You can file a
    Uniform Domain-Name Dispute Resolution Policy (UDRP) if you want the domain
    name only, via their accredited providers.

    As always, it's the burden of the one making the claim to demonstrate it.
     
    Dave Zan, Aug 3, 2007 IP
  6. DSAMMON

    DSAMMON Peon

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    #6
    Man that sucks, Hope all goes well
     
    DSAMMON, Aug 3, 2007 IP
  7. Waffleguy

    Waffleguy Well-Known Member

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    #7
    Thank you for the info. I will let you know how it goes.
     
    Waffleguy, Aug 8, 2007 IP