1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

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

Discussion in 'Business & Tax Advice' started by Jcsarokin, Jul 22, 2009.

  1. Jcsarokin

    Jcsarokin Power Member

    Joined:
    Mar 2, 2009
    Messages:
    718
    Likes Received:
    1,015
    Location:
    Los Angeles / Beverly Hills
    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.
     
  2. werrich

    werrich Regular Member

    Joined:
    Feb 17, 2009
    Messages:
    374
    Likes Received:
    42
    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.
     
    • Thanks Thanks x 1
  3. 4alllifestyles

    4alllifestyles Junior Member

    Joined:
    Dec 3, 2008
    Messages:
    170
    Likes Received:
    98
    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
     
  4. Jcsarokin

    Jcsarokin Power Member

    Joined:
    Mar 2, 2009
    Messages:
    718
    Likes Received:
    1,015
    Location:
    Los Angeles / Beverly Hills
    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.
     
  5. MR.blackhat

    MR.blackhat Regular Member

    Joined:
    Nov 4, 2007
    Messages:
    270
    Likes Received:
    46
    Occupation:
    Black Hat Marketer
    Location:
    USA
    you should contact the squatter and purchase it.
     
  6. soulchief

    soulchief Junior Member

    Joined:
    Oct 17, 2007
    Messages:
    117
    Likes Received:
    55
    Location:
    Canada
    Read Post Before Posting

     
  7. 4alllifestyles

    4alllifestyles Junior Member

    Joined:
    Dec 3, 2008
    Messages:
    170
    Likes Received:
    98
    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"
     
  8. HTTP_REFERER

    HTTP_REFERER Newbie

    Joined:
    Feb 28, 2009
    Messages:
    22
    Likes Received:
    48
    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.