someone is selling .com domain with my trademark

Discussion in 'Legal Issues' started by toxalot, Jun 16, 2006.

  1. #1
    I wanted a particular domain back in 98 and someone got to it just before me. I own the .ca and the .org, but I know people still tell me that their message bounced or whatever and it turns out that they sent it to .com even though I very specifically told them .ca

    I've never seen the domain used for anything. It was not found for the longest time. Then it was up for sale for something like $700 USD and now they are asking $1,950 USD. I have had a backorder on it at snapnames for years. I figured that they would eventually drop it, but they seem to be renewing it every year and upping the price on it.

    I own a registered trademark for the exact name in both Canada and the US.

    What do you think are my best options for getting this domain?

    Jennier
     
    toxalot, Jun 16, 2006 IP
  2. fryman

    fryman Kiss my rep

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    #2
    uh... paying $1,950 for it?
     
    fryman, Jun 16, 2006 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    A trademark doesn't give you any rights to a domain unless the site is infringing upon your classification. With the domain being parked, you have no option other than to make them an offer.
     
    mjewel, Jun 16, 2006 IP
  4. moneyspeaks

    moneyspeaks Peon

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    #4
    yeah, in this case being patient seems to have back fired. Its prob worth the 1950, better than 10,000 no?
     
    moneyspeaks, Jun 16, 2006 IP
  5. toxalot

    toxalot Active Member

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    #5
    I guess I was hoping there would be a cheaper way. I know that I have no claim to it just because of the trademark. The trademark doesn't lend itself to different types of content though. I think if anybody ever bought it, they would be in competition and then I could make a claim. I'd hate to see someone spend that kind of money and then lose it. Hopefully someone would be smart about checking trademarks before they purchased the domain name and if that's the case, then the squatter should never be able to sell it.

    So I guess it just pisses me off. It seems like a squatter buying a name in the hopes of turning around and selling it to a trademark holder. I'm really loathe to reward the squatter. KWIM?

    The .ca is getting more and more established now anyway. It's also my corporate name. So I guess I'm of the mind to just let the squatter squat.

    Jennifer
     
    toxalot, Jun 16, 2006 IP
  6. sarahk

    sarahk iTamer Staff

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    #6
    2 grand doesn't seem much if it really matters. Atleast it's not being used, so you can let the .ca dominate.

    Was talking to a chap about pragmatism the other day and he was saying that there are times where you just have to do the deal to secure the domain because, in the greater scheme of things, the price is still quite low.

    Now he was talking about lower ticket prices, but I think 2 grand is still pretty cheap compared to some other costs of doing business.

    If, as you say, you can live without it then that's another matter.
     
    sarahk, Jun 16, 2006 IP
  7. mjewel

    mjewel Prominent Member

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    #7
    I would pay the $1950 or make them an offer for the domain. There are many domains that sell for a fraction of the asking price - of course, don't let them know who you are. If you're an established business it seems like a small amount to pay for the .com . I have a Federally Registered trademark but the .com owner registered it a few months before and the usage is entirely different- thus no rights to it. I've offered them $50K for the domain, but they won't sell it (it's a 4 letter word). Hopefully your usage predates the domain name registration if the name expresses what business is about.
     
    mjewel, Jun 16, 2006 IP
  8. EdenView

    EdenView Peon

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    #8
    You're a bit quick on the draw to call someone a "squatter" if your TM is worth so much as to balk at a $750 list price... Considering the cost of the cheapest "legal" method of pursuing getting the domain would cost $1,000 just to apply, plus legal fees, etc.
    And the spectrum of names/tm's whose use would preclude the future owner's operating under the .com are few and far between. If my operating co's in the .net or .org world gave me some claim to parked .com's, or even .com's that cater to what my .net's or .org's did before the .com came around... well...
    Pony up the cash.
     
    EdenView, Jun 16, 2006 IP