A non business owns my domain name and I have a trademark for the name. Do I have the rights to the domain?

Question

It appears that a webmaster of some sort has snatched the domain for my company's name. I have Trademarked my company name. I have heard that I may have legal right to it if noone is actually using it in association with a real website. Any assistance would be appreciated.

Answer 1

Note: I am not a lawyer, and what I write here should not be relied on.

So - what you're really saying is that you didn't check out and register the domain name when you applied for the trademark. Don't worry - happens all the time.

You may have a case if you can prove that use of the domain name is causing you harm.

If your trademark covers say, the class of sporting goods, and the domain name is being used in a country covered by the trademark  for purposes associated with sporting goods, then you may have cause for action - but it could cost you a lot of money. Get advice from a legal person who understands the internet.

However, If the domain name is being used to sell fingernail polish then there's not really a lot you can do, unless you can persuade the domain name owner to sell it to you.

Check out http://www.icann.org/udrp/udrp.htm which the ICANN

Uniform Domain-Name Dispute-Resolution Policy.

All domain name registrars must abide by this.

Good Luck.

Answer 2

This is kinda a gray area (I mean Microsoft had to buy its domain name from someone at one time - you really think your going to be better represented, legally, than them), but you may have a case assuming your company name is something specific and recognizable as your company.  Still, its almost certainly going to be more time and effort and alot more cost to get the name through the courts, than it would be simply to buy the thing from whoever has it - assuming they bought it in the hopes of reselling it at a  profit.  So I'd go the buying it from them route.