[Help!]How do I get a trademarked domain from a squatter?

[Jcsarokin]

Im in the process of trademarking a name, Ill use "company 112" as an example.

So Im in the process of trademarking "company 112" ,but i realized that Company112.com is taken, and parked by some standard parking service.

From what i know, dont i have rights to the domain after i hold the trademark for company 112?

How do i go about getting the domain from the company. Ive msged them many times with no answer.

Any comments are appreciated.

 

[werrich]

u will most likely need a domain lawyer, or else go to icann which settles domain name disputes. U may have a problem if the site was squatted on before you started using your future TM. But if u have been using that exact term a while ago, and if the squatter can show no real reason to own that term (unless it is totally generic), then you should be able to win it via a decision by ICANN.

 

[4alllifestyles]

u will most likely need a domain lawyer, or else go to icann which settles domain name disputes. U may have a problem if the site was squatted on before you started using your future TM. But if u have been using that exact term a while ago, and if the squatter can show no real reason to own that term (unless it is totally generic), then you should be able to win it via a decision by ICANN.

This is essentially correct. One of my WH customers has been doing business for 20+ years, just trademarked their name this year. A previous webhost was trying to hold onto their domain name. I registered the same domain name (only pluralized) and copied everything to it... Then filed the complaint to the registrar (NetSol) for my customer. Along with copies of the trademark registry, a newspaper article 10yrs old showing the same company in business.

72hrs later I took control of the real domain name... Cost $100

 

[Jcsarokin]

Any way to get it if i started using the name like a year ago, however have no real proof.

Also the domain has had 6 registars in the last 8 years.

 

[MR.blackhat]

you should contact the squatter and purchase it.

 

[soulchief]

Read Post Before Posting

you should contact the squatter and purchase it.

How do i go about getting the domain from the company. Ive msged them many times with no answer.

 

[4alllifestyles]

Any way to get it if i started using the name like a year ago, however have no real proof.

Also the domain has had 6 registars in the last 8 years.

If you started using the name you have real proof... Anything purchased with the name means there's a receipt somewhere. An email to anyone where you bring up the subject of a new thing with this name, etc.

Even then, if you read the registrar and ICANN's rules having the legal trademark document is nearly an "automatic"

 

[HTTP_REFERER]

Search Google for "Wipo" / "Wipos". Wipo is the organization which deals with these kind of legal inquiries regarding trademarks on registered domain.

Issue the domain owner a Wipo and if you got proof of your ownership of that trademark you'll win. Also, showing the current owner is acting with bad faith (i.e. trying to make money off the domain and thus off your trademark, by simply putting ads or parking it...) is almost a guarantee of success.