I need to get control of a domain name from the current registrant.

[jamison]

I read this whole thread, and you still do not get it. I will not resort to name calling, but the people in this thread are correct. I am not a legal expert or anything of the sort, but I am speaking using some common sense and observations I have made the last 7 years managing domains and my own business.

well i did some home work at wipo and read their policy i dont have a link but its easy to find, essentially if I have a trade mark or business name then I can force it off him, it costs 1500usd but I think the loser would have to pay. He quoted 1688usd when I contacted the broker, which is ridiculous, so I have evidence of his disinterest in owning it and that the only value of it for him is what he can force through a brokeradge which means he cant see economic value in it for himself and is using the registrant process to force money for a transfer which as far as I know is cybersquatting if you have a name clearly linked to a trademark or business interest. Basically I either wont get it at all or ill use trademark law to take it off him, but it will have to be making enough money before its worth the risk. In terms of court juristictions I dont know, i cant see why it has to be america as domain names at the top level arent 'american' despite him having registered it there.

You can not receive a trademark and then go to the owner of the domain and say "I have a trademark, give me the domain or I will bring this matter to court." The only way a trademark would help you is if the trademark was registered BEFORE the domain. If the trademark was registered before the domain and then someone quickly registered the domain, then you would probably have a case.

It doesn't matter what his intentions are concerning his ownership of the domain. He pays for it, it is his to sell. If he wants 1 billion dollars for the domain, he has the right to ask for that price. Will he ever get that amount? No...but he can try to. You can not just register a business name or trademark after the fact he owns the domain and use it in your attempt to take the domain.

In addition, how in your right mind would you think that the domain should be transferred to you, if he purchased it before your business is established. Do you even realize what you are saying? Let's just imagine for a minute "John Smith" registered Sony.com and Sony wasn't a company yet. When Sony forms their company, registers their trademark, copyrights their materials, etc. - they still can not go to the owner of the domain and demand it or go to court over it. Why? Because "John Smith" owned it before Sony was formed.

And your arguement concerning the owner not using it for business purposes? That doesn't matter. You can do what you want with any domain you own. It is very simple once you actually thing about it.

 

[rahvin]

The fee is not a fee for them to take the domain for you. The fee is for them to examine the merits of your case. It is a non-refundable application fee and YOU will pay that money. You don't get it do you? For $1500 you can pay to have them examine the merits of your cyber-squatting claim and they will find that you are WRONG. You have NO claim to the domain name and NO legal rights to it. Go ahead and sue in the UK courts. It will cost you money and you won't win and even if you did you couldn't enforce a judgement against them.

You know, if someone from the UK threatened to sue me in the UK civil courts system I would LAUGH at them. There would be NO recourse, no way of enforcing the judgement and nothing more than a waste of time and money for them to bother. In fact I would encourge them to do it so they would waste their money.

Start using that gray matter in your head.

 

[JellyBaby]

I am beginning to think this entire thing is a put-on.

Real or imaged it makes for amusing reading.