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Here's my situation. I have replaced my actual company name with the fictional BerryInc.

I have recently acquired a trademark for *BerryInc*.

BerryInc.com was first registered in 2003, but has dropped multiple times and nobody has developed a site on it for quite some time ( it is currently a parked domain, for quite a while).

BerryInc.com is up for renewal early in 2010, but since I have a trademark, would I have priority on the domain over the current registrar (If they do choose to re-new a parked domain)?.

I need something to get me this domain, so please help me out.

Thanks..

Comments (16)

That's not nearly enough information for anyone to offer an educated opinion on this. But, if the current registrant isn't using it in bad faith then you probably have no rights to the name, especially if their registration predates your tm and your first use in commerce.

It sounds to me like you're trying to reverse-cybersquat this domain away from the current registrant ?? Why not just contact them and offer them a fair price for the name?..

Comment #1

Let me know what info you need and i'll try my best to get it so we can get an educated answer.

I've contacted the company (Tucows) who is listed on the registar (they are using some type of whois guard so I can't contact the owner , which I would gladly do and purchase the domain. The legal route always takes more time) the owner of the domain didnt want to sell it (so Tucows said... I never actually talked to the person)...

The domain is a company domain name, it would not make sense to be used for anything other than for a corporate site... and as of right now it is a parked domain with mesothelioma links on it lol.....

Comment #2

That is called Reverse Hijacking.

You do not have superior rights to that of the domain registrant, sorry. Does not work that way..

While you may see the current use as "a parked domain" as some sort of inferior and invalid use, the law does not see it that way.

You can contact the owner directly by emailing them at the email address in the whois information... whois privacy still forwards that email. Postal mail gets forwarded usually too...

Seriously, from what little you have written, it really does sound like you are trying to find an angle to get something that does not, never did, and never will (unless you change your approach) belong to you...

Comment #3

It most certianly does NOT belong to me, but I want, and need it to.

I cant figure out how to contact this person to pursuade them to sell the domain to me, and I have had a trademark on the name for a while.

Im not trying to do anything shady, just need to see what options I have to get this domain ( I dont mind buying it, if I could contact them)..

Comment #4

Are you serious? Get over yourself already. Yeah, your direct links to copyright infringing material really compels us to believe you. NOT Watch Anime Online | Anime Episodes | Streaming Anime | Watch Naruto Online..

Comment #5

Paid links in my sig...

What are you 4 years old?..

Comment #6

No, but you apparently are.

The PAID links in your sig (isn't that a violation of NP TOS?) go directly to copyright infringing material. Those episodes are not "public domain" you know... and that is why a lot of them say "this video has been removed for infringemnet... yadda... yadda".

You are in her arguing how you somehow should have superior rights to a domain and you expect us to take you seriously when you have paid links in your sig that direct to copyright violations?.

Really? What part of that makes ME 4 years old?..

Comment #7

I feel like you think I'm trying to get this domain to sell it.

I need it for my company. Its the name of my company with a .com attached to it.

It has a monetary value of $0.00 to somebody who doesnt have a company with the same name is mine, and seeing as how I have a trademark on the name, I don't see how it's valuable to anyone...

Im not here to argue with you, I could care less about what you think about the sig in my link. This back and forth thing is 4 years old, and I would prefer to not continue talking about it and get back to the point.

I have no legal right to the domain, what can I do to get this domain if I cant contact the person who owns it?..

Comment #8

I was pretty clear on telling you exactly what I think. What you "feel" is of no concern to anyone but you. That said, you are coming across in your posts with a definite attitude of some level of entitlement, even though you freely admit the name is not yours.

You want/need/have to have the name. ok.

You filed for a TM. nice, but irrelevant really.

Look, like I said in my first post on this... you'll have to make better attempts to contact the true owner and offer to purchase the name. Contacting the Registrar is not the same thing at all..

I'll give you some good advise in this area too... do not come across to the Registrant the way you have in here or you'll certainly get jacked. There is no way for you to bypass buying it from the Registrant. You do mention that the domain has "dropped multiple times" since 2003.... are you sure about that? If you have access to such info, bypassing the whois privacy should not be hard either... or, like I said before, send official correspondence to the Registrant through the whois privacy address...

There. I've told you exactly the one single thing you need to do to get the domain name. Buy it from the Registrant.

As for your links in your sig... they certainly are linking to illegal content and you admit to being paid for this. You're in here in the "Legal" section posting about TM's and such but showing complete disregard to the IP rights of others displaying such links.... yes, that does matter.

AND....

You already showed your hand on this exact name ~4 months ago... you were told the exact same thing then as well: http://www.namepros.com/legal-issues...ain-cyber.html.

Even the Quixotic Crusader against Cyber Squatting himself, Sir Curtis Neely, declared your situation without merit!..

Comment #9

Frankly, nothing else. Everything's been practically said, except maybe to make an offer the registrant.

Can't refuse.

As you noticed, threads like this tend to get seemingly negative yet realistic answers because of what.

You're aiming to do. I mean, have you considered what it'd be like to lose your possession to someone.

Who desired it but has maybe little to no enforcecable claim against you?.

And rather unfortunately, I agree with Cartoonz you're coming off with a sense of entitlement. I have.

Seen a lot of that, and it's created lots of unnecessary and avoidable issues.

But hey, it's not the end of the world. There's always a variation or even another extension...

Comment #10

Some people just want a free lunch at the expense of others...

Comment #11

You can probably still contact the owner via the email address listed under the whois guard. Though, to save money, it may be worth waiting to see if they renew or not before showing interest.

Edit - sorry, missed that cartoonz already mentioned this...

Comment #12

Lots of things in the world make no sense - that doesn't give you any legal rights.

As I see it, and as others have said, you have two options:.

1) Buy it from the current registrant.

Or.

2) Move on and use a different domain...

Comment #13

You can probably find a good alternative name. Don't sweat if you can't make a deal with the owner...

Comment #14

So you get the trademark to get that domain right.

Recently blackberry won 101 domains which has black berry but The panel decided that Research in Motion should get 101 of the domains, but denied 10 domains that focus on berry rather than blackberry, such as mommyberry.com and berrydelsol.com.

Who knows you may even loose TM ( hopefully )..

Comment #15

A lot of us here have domains that others want for their business after coming to the party "late in the game". We get frequent requests for things where we got there first.

I almost always ignore the mail. There is one thing that usually gets a reply: MONEY.

If a person offers a few hundred for a six figure domain, they do not deserve the "courtesy of a reply". If they are at least within the ballpark they get a reply. Just that simple.

IMHO, you are probably not getting a reply because the "offer" for the domain is too low, and the owner knows that he/she is within their rights to refuse or ignore your offer.

This is why *some* people get the domain before naming their business.

To get an answer, try making a substantial offer by email...

Comment #16


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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