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Amateur 
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 Topic: Acquiring someone else's domain name!
Posted: 13 November 2006 at 3:22pm |
Could somone point me the right direction regarding the following.
I have a client whos companies name is for example XXXXX. On the day they registered as a company somone bought the domain name XXXXX.com. However they are not using it and has been left idle for the past 2 years. It expires with this person on the 20th of December 2006. Is there any law that company XXXXX can acquire the domain based on the other owner not using it? Or what is the best way to go about getting the domain name.
Thanks!
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dpyers
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Posted: 13 November 2006 at 7:20pm |
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Your client needs to have some legal standing regarding the name. Either a copyright or a trademark in effect before the other party acquired the name. You can then file a dispute with ICAN but be prepared to pay.
Many companies will sit on a good domain name - usually for just a week or so - until they have to pay for it. They have an arrangement with some look-up companies to get lists of what domains people have researched.
If the domain receives a lot of queries, they may pay for it as an investment. If they've been sitting on it for two years and renew again, the best bet is probably just to make the other party an offer. Note that the same companiews who temporarily grab queried domains will often grab expired domains for a couple of week once the grace period expires.
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zMaestro
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Posted: 14 November 2006 at 1:53am |
 dpyers wrote:
Your client needs to have some legal standing regarding the name. Either a copyright or a trademark in effect before the other party acquired the name. You can then file a dispute with ICAN but be prepared to pay.
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even if, Domains is ruled by "First Come, First Served". So even if the have all the legal papers, they can't even have this domain name.
They should contact the current domain owner to buy this domain, or put a paid ad there, or registed any alternative ext. like .in (internet) .cc (comerical company) .ws (website) ...etc
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iSec
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Posted: 14 November 2006 at 5:54am |
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In this case, i'd talk to the current owner of the domain and agree on a price then transfer it... that will save you a lot of headache.
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"When it gets dark enough, you can see the stars"
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dpyers
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Posted: 14 November 2006 at 6:13am |
zMaestro wrote:
dpyers wrote:
Your client needs to have some legal standing regarding the name. Either a copyright or a trademark in effect before the other party acquired the name. You can then file a dispute with ICAN but be prepared to pay.
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even if, Domains is ruled by "First Come, First Served". So even if the have all the legal papers, they can't even have this domain name. |
No, you can use ICANN's dispute resolution process to obtain the name, but you do have to file legal papers and engage a lawyer. Cost one of my clients $2500 US in legal fees to get a domain name they had trademarked. In this situation, the guy wanted 10 grand for the name, but often a name squatter will be resonable - particularly if they've been sitting on the name for a while. But be prepared for some "offer-counter offer" negotiations.
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Posted: 14 November 2006 at 10:22am |
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If the domain name is identical to companies name and the owner of the domain sought is not using it or has not used it for 2 years, is there anyway the company can legally obtain the domain other than going through ICANN's dispute resolution process?
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zMaestro
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Posted: 14 November 2006 at 9:32pm |
dpyers wrote:
zMaestro wrote:
dpyers wrote:
Your client needs to have some legal standing regarding the name. Either a copyright or a trademark in effect before the other party acquired the name. You can then file a dispute with ICAN but be prepared to pay.
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even if, Domains is ruled by "First Come, First Served". So even if the have all the legal papers, they can't even have this domain name. |
No, you can use ICANN's dispute resolution process to obtain the name, but you do have to file legal papers and engage a lawyer. Cost one of my clients $2500 US in legal fees to get a domain name they had trademarked.
In this situation, the guy wanted 10 grand for the name, but often a name squatter will be resonable - particularly if they've been sitting on the name for a while. But be prepared for some "offer-counter offer" negotiations.
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What's the situation if the current owner has a company with the same name and is located in another country? According to my information domains are server by First Come, First Served. They don't ask you for papers if you are going to register a new domain name (unless it is a local TLD like .fr, .eg, ..etc they ask for papers).
When they are introducing a new TLD like .mobi .tv, they give a "Sun Rise" period, where any company which own a trademark can send their legal papers to the registery to pre-order its name.
But if someone's domain is toyota.com and is selling cars might lose his domain, but if he is selling carpets no problem in this.
This also may return to registrar coompany itself, they can transfer it without the owner approve 
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