Hello,

Had a quick question for you guys. I run a small business and somebody currently owns the .com name of my business.

They have owned this domain for years, and if you go to the domain, there is just some simple text that says "this domain is for sale" and it's been "for sale" for over 2.5 years now.

I have contacted them in the past, and they told me the price of the domain is upwards of $1500 to sell.

Do I have any options to try and get this domain since they haven't used it for anything?

I really don't know too much about 'domain rules', but I think it's a bit ridiculous that they have been holding this for so long.

Not sure quite what to do. Any input would be appreciated,

Thanks

If you own the trademark then you may have a claim to the name, otherwise it's first come first served.

Yeah it also matters exactly where your located as well. If you have something generic for a business name, like Johnny's Home Computers then odds are there's at least 5 other Johnny's with the same name. Good luck either way though

I suppose you need to investigate what was first? Your business or domain names and then guess who can win the battle.

Until you own a trademark and owner of domain name is in your country then only you can take this case in legal matter otherwise you have to buy it from current owner at whatever rate he says.
Or look for other TLD's

I think that my view is somewhat different, but you said all came good, expressed their views

Originally Posted by itajooba

Until you own a trademark and owner of domain name is in your country then only you can take this case in legal matter otherwise you have to buy it from current owner at whatever rate he says.
Or look for other TLD's

That is COM domain name. But each specific country has specific laws regulating that. Visiting local lawyer should help.

Originally Posted by itajooba

Until you own a trademark and owner of domain name is in your country then only you can take this case in legal matter otherwise you have to buy it from current owner at whatever rate he says.
Or look for other TLD's

Probably the worst so-called "advice" possible for this situation.

Even IF the owner lives in a different country global trademark rules stll apply.

You have right to claim against that domain name.

Originally Posted by corl

You have right to claim against that domain name.

Why???

^Because there are idiots in this world who feel they are able to answer a question without knowing any details apart from some guy has a small business, and you know what the worst thing is? They are allowed to wander amongst us freely Maybe install an IQ test on new sign ups to help in this world wide battle against the idiots.....

Yea unfortunately unless you have a trademark theres nothing you can really do. Even if you do get the trademark as long as he is not pretending to be you or has the same business model there is nothing you can really do. Depending on the name it may very well be worth $1,500. The more times you enquirer the more he will think it is worth to you, the end user.

Originally Posted by DomainOutlaw

Yea unfortunately unless you have a trademark theres nothing you can really do. Even if you do get the trademark as long as he is not pretending to be you or has the same business model there is nothing you can really do. Depending on the name it may very well be worth $1,500. The more times you enquirer the more he will think it is worth to you, the end user.

I suppose in the such cases we need to have a look at date pf the domain name and trade mark. If domain name is older then trademark, you as trademark owner has nothing to do about that.