SitePoint Sponsor

User Tag List

Results 1 to 6 of 6
  1. #1
    Hi iKwak's Avatar
    Join Date
    Sep 2003
    Location
    CA, U.S.
    Posts
    420
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Question Acquiring a .com Domain once you incorporate?

    Hello webmasters,

    I am in the process of incorporating a small business for someone. The domain address for the .com and .net is registered by another party and it seems unlikely that they will sell the domain.
    The reason being, the .com is owned by NetIdentity and the .net is owned by a foreign member.

    I remember reading somewhere that there is a process where the business owner has a possibility of acquiring the registered domain if her/his business is incorporated.


    Doing some research on this via Google.
    Do you know any relevant websites that can help on this particular case?
    Thanks in advance.

  2. #2
    SitePoint Guru Marubozo's Avatar
    Join Date
    Mar 2005
    Location
    Near South Bend, Indiana
    Posts
    657
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    It is possible, but unlikely to be successful in obtaining that domain. Just because you incorporate and the domain you want to use is already registered, you don't have any legal rights to that name. In the cases that are most successful, it is when someone registers a trademarked name, and then if that is the case a corporation can likely try to obtain their trademarked name.

    But it more or less comes down to who had what name first, even without trademarks at stake. I guess there could be some sort of provision for a corporation who has someone squatting on their domain and has not ever used it, but chances are they would just try to sell the domain to you for an excessive amount of money.

    I could be wrong, but I have never come across anything that says when you incorporate, you can somehow obtain the domain name. If that is the case, I have a few corporations myself, and I'm going to go domain hunting

  3. #3
    SitePoint Wizard silver trophy
    Join Date
    Aug 2003
    Location
    Southern California
    Posts
    4,686
    Mentioned
    19 Post(s)
    Tagged
    0 Thread(s)
    There is no such provision and no such law. The only way you can acquire a name from someone is if you can prove you had a prior claim to the name (i.e. you had a registered trademark before they bought the domain). If you do not have a trademark you can claim a common law mark if, and only if, you can prove your name was well known within its niche and that the company with the current site is a competitor. It names it all comes down to first come, first served -- if they owned the name before you were using it, you don't get it. It should also be understood that incorporation does not require a unique name, at least not on a federal level, thus incorporating a name gives you very little rights to that name on a national scale but instead is used as form of business liability protection and grouping; incorporation also serves to prove when you started using a name but again, it is not a way to protect your name, that's what trademarks are for.
    - Ted S

  4. #4
    SitePoint Wizard realestate's Avatar
    Join Date
    May 2004
    Posts
    1,092
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    You are trying to steal (reverse-hijack) a domain and asking advice from sitepoint members. I wouldn't help if I could.

    And who says com and net are only options.

  5. #5
    Hi iKwak's Avatar
    Join Date
    Sep 2003
    Location
    CA, U.S.
    Posts
    420
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Ah, I just learned something new, reverse hijacking. Thanks.

    I did not have the intention to reverse hijack, just wanted suggestions and advice.

  6. #6
    SitePoint Wizard silver trophy
    Join Date
    Aug 2003
    Location
    Southern California
    Posts
    4,686
    Mentioned
    19 Post(s)
    Tagged
    0 Thread(s)
    If you intend to brand a company name in this market you need the .com, there's no way around it. Just looking at the major players out there you rarely see a .net let alone a .info or .us name, this might change but not tomorrow. If you have a .com you are set for the long term and for multiple mediums, if you have something else you may do fine with digital marketing but think about it, if you hear a company name on the radio or on a billboard, what do you type in first.... myname.info or myname.com?

    If you are unable to purchase the company name from one of the current owners I suggest you consider an alternative domain. Many companies have done something like mycompanyinc.com or mycompanyextendedstuff.com. Increasing the length of your name isn't fun but it can be a workable solution, if that's not an option you may want to think about branding a DBA instead of the main company name.
    - Ted S


Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •