Getting a domain name of your registered business?

Discussion in 'BlackHat Lounge' started by ed_banger, Apr 15, 2010.

  1. ed_banger

    ed_banger Newbie

    Jan 17, 2010
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    I'm not sure how to properly phrase this and my searching hasn't come up with much.

    Basically, I own the .net and .org for a certain domain name. The .com is a SEDO parking page. The owner of the domain wants an outrageous price.

    I'm planning on registering another company soon, and would like to use this name for my company.

    Does anyone know the process by which I can petition icann and get the current owner of the domain to release the domain to me without having to fork over $xx,xxx for the domain name?
  2. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator

    Mar 10, 2010
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    Generic Human Being
    As Close to Heaven as One Can Get!
    Home Page:
    If the owner has had the domain name before you register your business name, I believe that you are going to be out of luck.
  3. burnzrogo

    burnzrogo Newbie

    Jan 12, 2010
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    Hi ed banger,

    Basically, in order to get your domain via a Domain Dispute Resolution will cost you about $1000+ for just a single domain, so if he is asking for less than that, it would be best to just buy it from him.

    If he is asking for more than $1500, then you would be best to research your Domain Dispute Resolution, which will cost u around that much anyways and you won't have to wait for a decision.

    Just my 2 cents worth.

  4. luckylasagne

    luckylasagne Newbie

    Jun 23, 2009
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    Freelance Consultant

    You may wish to check out the Anti-Cybersquatting Consumer Protection Act (ACPA).

    There is a great page on which states that:
    ACPA applies to people who:
    (1) have a bad faith intent to profit from a domain name; and
    (2) register, use or traffic in a domain name;
    (3) that is identical, confusingly similar, or dilutive of certain trademarks. The trademark does not have to be registered.

    Information on ACPA and Uniform Domain Name Dispute Resolution Policy can be found at and the policy and rules can be found at:

    Should you then decide to pursue the matter it might be worth re-contacting the present owner asking for the domain to be transferred to you and stating why before proceeding to arbitration.
    From my limited understanding of ACPA the current owner is already in default if as you have said he offered the domain name for sale to you.
    It would certainly be worth getting that offer in writing/email as it will help your case.
    OK hope this helps. Please however be aware that I am not a lawyer and so any opinions above are my own and may not actually be correct.
  5. gregstereo

    gregstereo Elite Member

    Oct 5, 2009
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    I'm known to locate certain things from time to ti
    Moose Factory, ON
    Actually as far as the $1500 figure, that is generally considered the entry point for a WIPO dispute for both parties. But a Czech arbitration board came up with a "UDRP-lite" scheme last month:

    and here's some news from Tuesday about ICANN's latest round of byzantine meetings, with a specific agenda item about UDRP:

    UDRP is an interesting area. I've been around a few cases. There's several key variables involved, and sometimes registrants will give up (or at least reduce the price of) a name when a dispute is filed, while other times they will fight it. Do you have a rough idea of the value/monetizaiton of the .com currently? Was the .com registered before or after you regged the net and org? Do you or the other party hold any official marks (e.g. TM) and/or do you or him have any "unofficial" track record of using the name or its branding?

    Just having a sedo parking page isn't a track record, though it also isn't necessarily an indicator of bad faith. About the ACPA, as with any country-based code, it isn't very strong. WIPO is the governing authority.

    Also just offering to sell a domain name isn't necessarily an indicator of bad faith.

    For a good read on aspects of disputes involving monetization and offers to sell a name look at Case No. D2005-0241:

    Is the current registrant actually asking for 5 figures USD as indicated by your "XX,XXX" in your OP?