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I own a phrase, which I have trademarked, and it is registered, and also copyrighted. I'm currently getting a website (somewhat finished). I have some domain names, but the exact one I want, someone has "squatted" on. Now I was told that they can't really use it, so... Should I wait till it expires, which is in another year, or just contact them to see if they will sell? Or get a lawyer? The thing of it is who ever owns it (since 2003) has never done anything with it. I'm mad at my self for not grabbing it when it was up for renewal a few months back. So any comments?

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2 Answers

up vote 3 down vote

  • "someone has "squatted" on." - wrong atitude if you want to get a foot in domaining business.

  • "Should I wait till it expires" - It will most probably not expire. Most domain owners set auto renew.

  • "just contact them to see if they will sell?" - This is the right and only thing you can do. But first, consult on DNForum or similar places on exact practice and wording to do it. For some expensive domains you will need a domain sale agent to negotiate.

  • "get a lawyer" He can't help if: 1) The domain is registered before you trademarked you phrase 2) Or not used in a way that false represents that this is your business 3) It is a hard battle that you most probably will not win. - Just look the posts at DNForum on similar cases. If the domain is parked you have zero chance of winning.

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You can't copyright a phrase, and trademark protection will only protect you against a competitor operating in the same line of business where the public might be "confused". So as @Ross writes - asking the owner if they are interested in selling the parked domain is the only thing you can do. – Mike Jul 20 '11 at 21:41
Adding to what @Mike said, registering and trademarking a name are the same thing. Also: smallbusiness.chron.com/… can help you if you think they did it on purpose... don't know if you can make a legal argument if it was coincidental. – Annonomus Person Mar 19 at 1:01
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It depends which domain your going for ... in Australia think there are rules around the ownership of the domain names that do provide some protection for you senario but the Standard .COM domains I don't think you will have much luck.

You can look on something like godaddy and get them to broker the deal between you or contact them directly themselves.

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