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

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Russ

Lifer
Oct 9, 1999
21,093
3
0
The trademark dispute policies for name registrants are for EXISTING trademark owners. You can not go get a trademark and then go after an existing registrant.

Exactly correct. A company tried to do this to me with one of the names I own, they failed. Then the suckers tried to hijack it, and failed again. Now I'm not in a negotiating mood.

Russ, NCNE
 

LH

Golden Member
Feb 16, 2002
1,604
0
0
There is, theres the WIPO that deals with these issues.

But

1. His domain predates your non exsistent Trademark, the WIPO isnt going to give it to you even if you get it trademarked.

2. He legally owns it, and you have no valid claim to it.
 

Cyberian

Diamond Member
Jun 17, 2000
9,999
1
0
Originally posted by: rbhawcroft
i imagine there is a universal agreement. if i cant get it ill just have to use the main site entirely and i have that already registered, just not occupied as there is not point right now with no marketing going on.
I really do hope you are kidding all of us about this.
Please prove me wromg.


 

rbhawcroft

Senior member
May 16, 2002
897
0
0
Originally posted by: Cyberian
Originally posted by: rbhawcroft
i imagine there is a universal agreement. if i cant get it ill just have to use the main site entirely and i have that already registered, just not occupied as there is not point right now with no marketing going on.
I really do hope you are kidding all of us about this.
Please prove me wromg.

look if he were using it for a business then no problem. or if he is able to sell it for a nominal amount but if he tries to extract money then ill try and get it forced and if i cant then ill forget about if for a while.
 

Whisper

Diamond Member
Feb 25, 2000
5,394
2
81
If your business practices are already this shady and the company hasn't even started yet, just imagine what things would be like if you actually got a customer. Here's a tip: stop trying to bully people out of a domain simply because you want it for free/cheap. This guy had the domain first; he has his right to it. It does NOT matter how long you wait after getting your trademark of the name. Read this part slowly: He had the site registered in 1998. You got a trademark in 2002. You could take this to court in 2012, and the judge would STILL throw it out based on the current owner of the domain having it registered BEFORE you got your trademark.
 

rbhawcroft

Senior member
May 16, 2002
897
0
0
Originally posted by: Whisper
If your business practices are already this shady and the company hasn't even started yet, just imagine what things would be like if you actually got a customer. Here's a tip: stop trying to bully people out of a domain simply because you want it for free/cheap. This guy had the domain first; he has his right to it. It does NOT matter how long you wait after getting your trademark of the name. Read this part slowly: He had the site registered in 1998. You got a trademark in 2002. You could take this to court in 2012, and the judge would STILL throw it out based on the current owner of the domain having it registered BEFORE you got your trademark.

well if thats how it turns ut ill lose maybe 200usd on court fees. but i dont think the are linked like that.
 

gopunk

Lifer
Jul 7, 2001
29,239
2
0
look, go ahead and do whatever you want, it's clear that you don't want any advice that we have to give you. go do it, come back, and we'll see how well it worked out.
 

LH

Golden Member
Feb 16, 2002
1,604
0
0
His domain predates your nonexsistent trademark. The WIPO, wont give it to you. And a US court isnt likely to give it to you either because there are no laws against domain names that predate trademarks.

Theres a difference between someone squatting on visa, which has had a trademark for a long ass time, and someone who has had a website, and could actually claim first use. Technically if he already owned a buisness and used a mark, even without it being registered with the Trademark office, he could dispute and win vs you and cost you all the money you spent on trademarking it, which last I checked, isnt exactly cheap.
 

LH

Golden Member
Feb 16, 2002
1,604
0
0
What Im trying to say is

If he can prove he was the first to use a mark on AVNetworks, even without registering with the trademark office, he can fight you on it, and win. Im not talking about the domain name, Im talking about the trademark which you have yet to get. BTW Its called first use. And the trademark office always tries to establish who was the first to use a mark.
 

Mill

Lifer
Oct 10, 1999
28,558
3
81
I wanted to buy millenium.com. The people who own it want 17,800$. I can't afford that. I e-mailed them and told them I didn't have the money. I wanted to use the site for myself and not as a buisness(which is true).

They e-mailed me back and said:

Evan,
Keep following the sale. Perhaps it will come down to a price that you can
afford.
Regards,
WebMagic Staff


Pretty nice guys. Hell they replied to my e-mail in less than two days.

BTW the person who owns avnetworks is not squatting. You want to FORCE this guy to just give you his domain. I think I will write him an e-mail saying that I will buy the domain for 700 bucks just so you can't have it.
 

Daniel

Diamond Member
Oct 10, 1999
3,813
0
76
Originally posted by: rbhawcroft
well if thats how it turns ut ill lose maybe 200usd on court fees. but i dont think the are linked like that.

So you think you will get a lawyer and sue a company in the US from another country for a case with little merit in the best case senerio and spend sub $200?
 

dakata24

Diamond Member
Aug 7, 2000
6,366
0
76
somebody needs to get ahold of the registered owner and tell them what's up.. i wouldnt want him to get scrared by rbhawcroft's threats of lawsuit amd give it up to him.. :|

and rbhawcroft, i hope your business flops.. i wouldnt touch whatever product you sell with a 10 ft pole. j@ckass..
 

bsobel

Moderator Emeritus<br>Elite Member
Dec 9, 2001
13,346
0
0
well if thats how it turns ut ill lose maybe 200usd on court fees. but i dont think the are linked like that.

One more little point your completely missing, this isn't small claims court, this is US Federal Court. Plan on spending thousands just getting the case prepared.

Bill


 

dakata24

Diamond Member
Aug 7, 2000
6,366
0
76
Originally posted by: bsobel
well if thats how it turns ut ill lose maybe 200usd on court fees. but i dont think the are linked like that.

One more little point your completely missing, this isn't small claims court, this is US Federal Court. Plan on spending thousands just getting the case prepared.

Bill

i think for the most part, he's just gonna try and scare the domain owner out of it.. i hope that doesnt work..
 

bsobel

Moderator Emeritus<br>Elite Member
Dec 9, 2001
13,346
0
0
One more little point your completely missing, this isn't small claims court, this is US Federal Court. Plan on spending thousands just getting the case prepared.

I just dropped a note to the domain owner (from the existing reg info). (I'll do some more digging tomorrow if I need to track this person down more). I linked the thread and told him if he does decide to sell the domain name, there was a number of use here who would happily buy it so this idiot can't get it

I've been through this crap before with a couple of my domains (gwp.com, I get idiots like this who want it alot since it's 3 letters, and pager.com who idiots just want occasionally).

Bill


 

dakata24

Diamond Member
Aug 7, 2000
6,366
0
76
bsobel: good job.. it'd be interesting what the response from the legal owner of the domain is..
 

NetworkDad

Diamond Member
Jan 22, 2001
3,435
1
0
I might get the mods to change my nick here from nccops to AvNetworks.

Oh wait, then i would be known as the bullying ass here on ATOT. Nevermind.

bsobel - Good idea, sending this thread to the owner.
 

NetworkDad

Diamond Member
Jan 22, 2001
3,435
1
0
Originally posted by: dakata24
bsobel: good job.. it'd be interesting what the response from the legal owner of the domain is..

Yes! - Please post any replies from the owner here so we can see what his response is too.
 

Wallydraigle

Banned
Nov 27, 2000
10,754
1
0
Wow. Just wow. I thought you were a dickhead before this, now I know. Looks like there are people willing to outbid you if the owner decides to sell. I hope he gets his email and learns about what you are trying to do.
 

PlatinumGold

Lifer
Aug 11, 2000
23,168
0
71
bsobel

good job man.

i like this stuff, when people see the moral right of a situation and act on it.

rbhawcroft

i don't know if you had many friends here before, but i think you just lost a lot of them.
 

mcveigh

Diamond Member
Dec 20, 2000
6,468
6
81
Originally posted by: rbhawcroft
well I often disagree with ppl.

anyway there only needs to be the threat of time and money for the guy to hand it over. if its not easy then maybe ill give up at least for a while, then the trademark case would be stronger, anyway im going to bed now so thats that for now.


isn't that extortion?

dude, you need to listen to a good lawyer

 

jjones

Lifer
Oct 9, 2001
15,425
2
0
Ha ha gimpcroft, blowing smoke out your ass again? I hope you do spend your time and money trying to get this domain because you aren't going to get anything and at worst, you'll cause this guy to be sending you a couple of letters telling you to fvck off. Your suit would never see the light of day.
 

heartsurgeon

Diamond Member
Aug 18, 2001
4,260
0
0
How can I force this person to hand the domain name control over for little or no money? Please help.

i think that's the definition of extortion - it's still illegal as far as i know (unless your in russia)
 
Apr 5, 2000
13,256
1
0
Ok so if a guy has a rare baseball card, but he doesn't use it, and it's worth $1000 but he will only sell it to you for $10,000 because you plan on using it to complete a collection - you're entitled to that baseball card for no money or little whatsoever? For once I'm going to agree with PlatinumGold (and pretty much everyone else in this thread) - you're an idiot. Someone else legally owns the name and you're too big of a cheapskate to fork over the cash so you want to steal the domain name from the guy? What the fvck are you smoking? I'm sorry but you're a complete idiot.
 
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