It looks like this domain is old and gets traffic and is related to a product.
You didn't have a trademark when the current owner acquired the domain. In other words the current owner didn't buy the domain to sell to you.
Your idea of registering a trademark in order to win a dispute is called reverse domain hijacking. You could be liable for legal damages. http://en.wikipedia.org/wiki/Reverse_domain_hijacking..
This is reverse domain hijacking..
You have the right to start a dispute but loosing it will surely cost you a lot more that probably wont let you start your business at all..
Don't waste your money and time for this, try to buy it or register a new one...
Actually you might be able to report an invalid whois..
Did you try writing them a letter from the address in the whois?.
You are supposed to be able to be contacted in one way or another. email, phone or even address. If you report an invalid whois then they might take it from him and if in this case the registrar is godaddy. they will put it up for auction and you can have a chance at bidding for it. if it is godaddy backorder the domain but you could risk being outbid...
No. You are supposed to use accurate whois data but this doesn't mean you need to answer inquires. This is somebody with more than 1000 domains. He must be getting a lot of low ball offers. I would ignore those too. You can not expect somebody answering every email.
If you were getting a lot of emails from whois you wouldn't answer them either. Especially if you have a valuable domain and somebody is making a low offer for it you might not bother answering. Post added at 12:36 AM Previous post was at 12:29 AM This doesn't happen. Again this is incorrect information...
Seriously I dont think you understand the situation.
My partner has been in business since 1998; and we registered the TM in 2000. It lapsed in spring of this year. This guy has remained in business up to the present day. He simply didnt file the renewal. All you do is file the TM again and use the original First of Use of 1998. This is not a problem legallly in the US TM office.
He had the domain name until about 2006 and then didnt pay the renewal or whatever, for whatever reason. I was not his partner back then. He used t his domain name from about year 2000 (after we won the internic dispute resolution forum thing) up until about 2006 he had a website under that domain name, same as the TM name.
Okay? This other guy, the parking guy, he came along in I dunno 2006 and bought the name. Recently, in the past 18 months a third party has begun doing business under this name, but does not have the domain name in question. My partner has superior legal rights to both parties, however, the only issue at the present is his legal rights vs. the parking guy. The parking guy has not ever been in business as far as we know and would have no valid claim.
I have no idea, what I said to confuse you. I am sorry if I made a mistake in describing the situation. I dunno where you got the idea we are trying to steal someone's name. Please explain if I am totally insane here.....
A non-reply does not equal invalid Whois. I believe you need a email bounce back at minimum to warrant a complaint to icann.
Your attempt to regain your TM and hijack the domain is no good. I suspect the current owner is or would not infringe in your mark. The best bet is to wait it out and hope to negotiate a purchase!..
He DID Have a TM, it was totally in effect from year 2000 until 2010. The other guy who is parking the name came around in 2006.
I tried to explain this in the original post but I guess the story is somewhat complicated...
Even if you have a trademark, it doesn't mean you have exclusive rights to the domain. Especially if the name is descriptive and related to a product you might not get the domain with a dispute. The UDRP dispute policy is different than what was used before the UDRP...
Sounds as if your partner is very forgetful. Seems financially risky to work with someone who can't even maintain basic, important things.
Many third-party companies, passing themselves off as being "official" seeking to "help", send TM renewal notices, so surely he must have known it was due.
On a related note, when did he notice it was expired? If it was no more than 6 months after the expiration date, he might have been able to restore the TM registration for an extra fee.
The domain name is even more mystifying ... how did he miss all the renewal notices? Or was the whois contact info wrong / fake? Or did he purposely let it expire, maybe thinking he wouldn't need it anymore?.
Anyways, rambling on ... bottom line is if attempts to contact the registrant are unsuccessful or if you do finally get in contact, but they refuse to accept a reasonable offer, then likely your best option is UDRP.
If going the UDRP route, read up and research common law TM - that, at the moment, is what you may have depending on usage - are you actively doing business under that brand name?.
If the answer is no / kind of, a savvy, determined respondent could very possibly prevail in such a challenge leaving you with few options other than paying them more money to buy it and/or filing a lawsuit.
So none of this is in your name?.
I did get an email bounce back. Can I file an invalid whoois now? Also the fax does not work.....
Yes, that alone would be sufficient reason to file a Whois Data Problem Report (WDPR) at ICANN / Internic.net.
However, that may not get you the results you want for various reasons...
But, even assuming, the registrar does take the domain, they might decide not to delete it, but instead put up for sale at the drops (even if it's truly deleted, you may have to duke it out at the drops anyways, assuming it even gets there) or sell privately - perhaps you can convince the registrar to sell it to you direct - it happens.
In short, WDPR is potentially a backdoor way of getting another registrant's domain, but it's no sure thing.
Another angle is skip the WDPR, and instead file an UDRP right away ... if their whois contact info really is wrong, they probably won't respond to the UDRP challenge, and that will work in your favor - to be clear, though, you still need to present a credible case, regardless - ie. emphasize having a TM (even if it's only common law one), usage of the TM, etc.
If the original poster has send an email making a low offer and arguing he has a trademark and will get the domain anyway, then the domain owner might have marked his email as spam. It looks like not all of OP's emails have bounced back.
Domagon and G33K,.
You guys are talking as if the registrars regularly take away domains if the whois info is incorrect. This is not the case at all. I don't understand why you are giving misleading information.
I don't know if you have contacted Godaddy or another registrar in a similar case but I did and it doesn't work like you describe it. They will simply contact the domain owner from his account email (not his whois email) and request him to update his data. They will not take away the domain. When was the last time you heard such a thing?.
Obviously this is a pro domainer with over 1000 domains and he uses a special whois email which might be full with spam...
Give it up and find another name, sounds like you are attempting to jump through loopholes to try and make a case...
Yes, the first part of your comment is correct - they will contact the registrant through their account email, and sometimes even via phone, snail mail, etc too ...
However, if the registrant does not respond in any way to address the matter, registrars have the authority, if they so choose, to take away the domain. WDPR is not something to take lightly - people can and do lose domains that way ... it's rare, but it happens. Probably right, but that doesn't give such a registrant a free pass - whois information, in particular gTLDs, such as .com, .net, .org, etc, is required to be accurate as per ICANN policy...
Registrars are required to take action on WDPRs ... some may send notifications to the registrant and do nothing else, regardless of whether the registrant responds or not...
Heck, some registrars, for a large volume / good customer, if no response, might even set the domain contact info to their in-house privacy service to stop follow-up WDRP complaints as a service to the registrant. But that's not something, even a large volume / good customer, can count on.
Bottom line is WDPR is a serious threat that should never be ignored - should always be quickly addressed, even if that means opting for whois privacy service.
In my whole domaining career I have only heard one such case. It almost never happens. Registrars don't want bad publicity...
Rare is true, but it can and does happen.
As far as bad PR ... that doesn't doesn't stop many registrars from doing insanely customer unfriendly things, such as GoDaddy's administrative fees and eNom's suspension policies. So if one thinks the threat of bad PR is going to sway a registrar from taking away a domain, think again - in many instances it won't!.
Anyways, in my view, the OP would do best to skip the WDPR stuff, and, assuming they have legitimate grounds for making the case the domain should be theirs, to go the UDRP route straight away.
It looks like there is a six months time limit to renew an expired trademark. http://www.uspto.gov/trademarks/proc...tain/prfaq.jsp..
There is no penalty for letting a TM lapse ASSUMING you continued to have used the mark throughout the time period. That is the situation here. Seriously, I know TM law.
Really, think it through for a just a second. Someone has used a mark for 100 years without a federal Tm registration. He has common law rights based on when he began use, continuous use as well as the geographic area he is using it in (sometimes that matter when more than one party claims a TM) So after 100 years of never having visited the US TM office, he files a TM based on actual use. Date of first use: Oct 1, 1910.
Okay? That is it, he's used it for a 100 years. It makes no difference if he let a TM lapse 50 years ago, or two years ago or never filed for a Federal Tm ever. it is essentially based on continuous use...
***END TM LESSON ****.
REgarding our offer. I must assuredly did not offer an amount of money to the domain holder in question. I read up on some message boards and decided the most polite way was to invite him to make an offer. That is what I did, well I sent an email and a fax and neither went through so I called his phone and left a message, asking him to make an offer.
I MOST ASSUREDLY did not threaten legal action or make any claim to having any superior rights to the name.
Really, please do not assume such things. I am trying to do this the right way I dont mind suggestions, but some of you are just jumping to ridiculous conclusions... Post added at 11:37 PM Previous post was at 11:30 PM.
Well dont get me wrong, this is on the table for serious consideration, but I'm thinking it is not even worth the $1300. Can we not build up page rank with $1300 worth of intelligent domain buys and adwords?.
My partner was already willing to put up the money last week, but I said let's think about it. Once we get the federal TM again, why dont we just file that with google Legal Team and dont have to worry about such a site??.
I posed that question in my original post. Does anyone care to respond to the cost/benefit analysis here...? Post added at 11:41 PM Previous post was at 11:37 PM ALL THE EMAILS have bounced back.
I dont know where you get the idea that some emails went through. I apologize if I have given the wrong impression.
Seriously I am trying to carefully explain things. I dont think I said any emails went through Post added at 11:55 PM Previous post was at 11:41 PM The parked domain is indeed with the registrar: Go Daddy.
Any suggestions in particular with Go Daddy? How do they handle such WDPR stuff?..
Why not contact a Lawyer For Domain Name Issues and explore all your options.
See Recommended Lawyers For Domain Name Issues.
There is a penalty of sorts in that the mark is no longer registered - that can matter in some instances, such as in the domaining realm, for sunrise periods that require a TM to be shown as registered at the national level.
Also, presumably, your U.S. Federal TM registration is no longer incontestable, since it's expired. Date of first use is very important, but so is TM registration. TM registration provides additional leverage over a common law mark in disputes / damage awards.
Letting a TM lapse 50 years ago, or heck even 10 years ago, and then registering it again likely won't matter in many instances, but letting it lapse recently would in regards to more effectively protecting the mark / collecting larger damage awards; dissuading others from even going near the mark to begin with. Assuming the current registrant is using a keyword that exactly / closely match that of the domain ... if they're using related generic keywords and/or getting much traffic through seo, a TM block may not be effective. What's your budget? and priority?.
Consider how much potential money making opportunity is being lost if you wait? ... if the answer is more money than the UDRP / legal fees would cost, then perhaps it's best to get the domain asap ... but if no, then it may be better to wait it out.
Are you trying to get somebody else's domain because it has pagerank?.
If the Google ads don't show on the domain anymore, how is this going to satisfy you?.
I think if the person has 1000 domains and the domain gets traffic and is at least 10 year old, chances are the owner will ask a few thousands for it.
Can you give more information about the domain? For instance you can make a whois search here and paste some information: http://who.godaddy.com/.
What are the nameservers?.
What is the creation date?.
What kind of parked page do you see when you open the domain? Do you see a Godaddy parked page? If so this is unrelated to the domain owner. It is done by Godaddy. All domains registered with Godaddy show a Godaddy park page by default. Also domains that have expired but haven't dropped yet show a park page too.
Did you know that even when a domain expires it will show up as renewed for one more year in the whois during the first 45 days? You said the expiry date is Sep 2011 but even if it was Sep 2010 it would still show Sep 2011 on the whois...
Why keep posting all you do is argue with people who are giving you sound advice. Want real advice leave the guy alone and save your 1300 in udrp money you will lose. You let the guy use the domain for 4 years and are now trying to get it back. That will weigh on the mind of the panel plus add in the expired tm etc and you are going to lose..
Just got off the phone with Godaddy who is his registrar. then filed a WDPR at the link provided at there whois page... Post added at 02:25 AM Previous post was at 02:10 AM No. we are not trying to get it for it's current page rank. We want it because it is the name under which my partner is doing business (I was not part of the business until recently).
It appears to be a free parked page. "this page is parked free courtesy of Go Daddy." it says...
Then GoDaddy offers the buying service...
Okay now it's coming back to me; I am remembering what happened a oouple of weeks ago (before I started to study this stuff).
I did a search for the name and found the parked page. Then I followed the link to the buying service with Go Daddy.
Then I called Go Daddy because it was very odd, when I read the fine print it seemed that I would be spending $69 or whatever but no guarantee of purchasing the domain. I called them and they explained it to me.
I had never done business with Go Daddy, although there phone support is pretty nice, but it did not seem like a good deal to pay money for a "maybe".
This is when I started my quest.
I apologize if I had left this part of the story out. I had really totally forgot about it, i've got pages and pages of stuff I cut and pasted in regards to websites and such, so I am presently overwhelmed by information and just trying to get up to speed in the internet world.
Okay so that is the situation as best I can explain. It is parked with goDaddy with the Go Daddy offering to sell the name BUT NOT GUARANTEES.
Seems odd to me in general principles, but what to internet people think??..
Like I said the parking is done by Godaddy. They park all Godaddy domains. This isn't something done by the owner.
The domain buy service is simply a broker service on your behalf. If you pay that money Godaddy will send an email to the domain owner. That's all. Their email will bounce as well if the email isn't working. I would say, first get the domain owner correct his email and then contact him to see if he wants to sell.
The Godaddy email is exactly like this:..
Oh, it happens. The reason you don't hear about it is that people who let their whois data become stale and/or registered with incorrect data in the first place don't then go around generating a lot of publicity when their domain registration is canceled...
Thank you for all the replies; I am so far behind the learning curve but doing a crash course in all this. So this kind of stuff helps. I likes that last bit about how GoDaddy sends the letter, thanks for that.
Just got done sening out 5 bad who is reports to ICANn, (see related thread)..