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  1. #1
    SitePoint Wizard Another Designer's Avatar
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    Trademark Domain Name Part 2

    Last year I posted that someone has a domain name that I own the Trademark to. In other words, I have the registered Trademark and the plural version of the name registered as my domain name. I also have .com and .net registered. This person has the singular version of my trademark registered. The website is still under construction, and do to expire this 2006-02-22!

    How hard will it be for me to grab this name back?

    Thanks

  2. #2
    am I a Guru? guk6kk's Avatar
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    Well, don't show them that you are the owner of the plural version

  3. #3
    SitePoint Wizard silver trophy
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    Was their name registered before or after your trademark?

    Is your trademark a distinct name (like idjitidum.com) or is it generic (like oranges.com)?
    - Ted S

  4. #4
    SitePoint Wizard Another Designer's Avatar
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    Quote Originally Posted by Ted S
    Was their name registered before or after your trademark?

    Is your trademark a distinct name (like idjitidum.com) or is it generic (like oranges.com)?
    My Trademark was registed a few years before their domain name. I'm just hoping the don't register it again so I can get it. They actually tried to sell it to me when I emailed them about it!

  5. #5
    SitePoint Wizard silver trophy
    beley's Avatar
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    Just because you have a trademarked word or phrase doesn't mean you have the right to take their domain. In the US, trademarks are specific to certain industries. For instance, there may be a Domino's Construction, a Domino's Pizza, a Domino's Sugar and a Domino's Truck Rental. They could all trademark the name under their specific industries.

    Now, if they start using the name in a way that violates your trademark, you might have something.

  6. #6
    SitePoint Wizard Another Designer's Avatar
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    Quote Originally Posted by beley
    Just because you have a trademarked word or phrase doesn't mean you have the right to take their domain. In the US, trademarks are specific to certain industries. For instance, there may be a Domino's Construction, a Domino's Pizza, a Domino's Sugar and a Domino's Truck Rental. They could all trademark the name under their specific industries.

    Now, if they start using the name in a way that violates your trademark, you might have something.

    Yes, that's what my trademark laywer said. It's the same exact name. But if it is used for a different purpose I really can't do much.

    But my question was, how long will it take for me to be able to snatch the domain name back. The person only has so long before it's open for sale. I forgot how long that time is.

  7. #7
    SitePoint Wizard silver trophy
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    Well, each registrar is different. I'm no expert on domain names but there are two different waiting periods after a domain expires where you cannot register it. The first, for a few days/weeks after the domain expires, allows the previous owner to re-register the domain w/out any penalties (at least by some registrars). The second, called the redemption period, charges the previous owner a large fee to re-register.

    After both waiting periods, the domain goes back up to the public for sale. There's no definite exact time frame, and each registrar is different.

    If you really want to get it, you could use one of the domain sniping services that will try and register the domain as soon as it becomes available.

  8. #8
    SitePoint Zealot cpiwc's Avatar
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    Quote Originally Posted by Another Designer
    My Trademark was registed a few years before their domain name. I'm just hoping the don't register it again so I can get it. They actually tried to sell it to me when I emailed them about it!
    I hate to say it but if they know someone's interested, there's a higher probability that they'll renew it and hang onto it. And, if it's on auto-renew (pretty common depending on the registrar), it won't renew until right around the due date.

    I second the advice on domain backordering. From what I've heard, it may also be worth backordering with a few companies including the one that's related by the registrar (assuming there is one).

  9. #9
    SitePoint Wizard Another Designer's Avatar
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    Quote Originally Posted by cpiwc
    I hate to say it but if they know someone's interested, there's a higher probability that they'll renew it and hang onto it. And, if it's on auto-renew (pretty common depending on the registrar), it won't renew until right around the due date.

    I second the advice on domain backordering. From what I've heard, it may also be worth backordering with a few companies including the one that's related by the registrar (assuming there is one).

    That's why I never emailed them again.

    Do they find out somehow through the backorder deposite? Or is it kept confidential.

  10. #10
    SitePoint Wizard silver trophy
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    If they are not using the name and have not used it (thus there is no industry association) you may want to consult your attorney again about filing a dispute under the cybersquating category. You can generally file for arbitration through WIPO in which case you can't seek damages but you can get the domain back for a few thousand dollars (assuming it is worth that to you).
    - Ted S


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