Clashing domain name question!

Hi

I’ve had a .net domain name for the past 3 years, throughout these 3 years the .com version has coexisted but there has always just been the same holding page. This has just the title of the website at the top, and a copyright symbol at the bottom. There is literally nothing else, no design or logo, no contact details…nothing. Also the name is not trademarked or registered.

I’ve used mine sparingly for my portfolio website, most of the time it’s had a functioning website on it. Now I’m looking to freelance full time, I want to keep this name and domain I’ve always used and use it professionally to earn a living.

I’ve searched and found the owner using whois. So I’m wondering whether to contact the owner to ask what the situation is with them using the name, or whether to just carry on using it and trademark the name…

What would people here advise?

Thanks in advance :slight_smile:

Pat

It never hurts to ask but it sounds like you are in the clear even if you don’t bother.

IANAL

Just to add to what has already been said, I’m not sure if you are aware of this but even if you trademark the name, you won’t be able to force them to hand over the domain to you (though on the upside it will prevent others picking up the domain post the trademark being assigned). Trademarks only apply once they have been instated, domains that existed before the trademark was established will not be considered a violation as it pre-dates your business mark (even a parked TLD). :slight_smile: