Legal Question in Intellectual Property in California

Domain name violating our trademark?

Hello,

My company owns the trademark to our business name. Someone else owns the domain name and has owned it BEFORE we filed our trademark. I don't believe the owner purchased the domain

in bad faith. I do not believe they are intentionally trying to

harm us in any way, however, they are now trying to extort large sums of money from us in exchange for the domain. I would like to know if there is anything we can do to get the domain without being extorted.


Asked on 8/29/08, 1:26 pm

1 Answer from Attorneys
William Hochberg Law Offices of William Hochberg

Re: Domain name violating our trademark?

The first thing to do is to find out when their registration expires. Next, create a "snap-back" on the domain name with at least one registrar, preferably including the one they are on. This may help you obtain the name for the mere cost of the "snap-back", under $50. usually.

But if the domain name is legit, they may well have an automatic renewal set up. In this case, your options are (1) to purchase the domain from them, (2) use a different but close name, or (3) litigate.

Probably your cheapest bet is to choose a different name. Purchase or litigation can be costly. Since many people search using google rather than based on a URL name, you are probably fine having a URL which is not exactly your name. Many successful companies do this. Good luck.

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Answered on 8/29/08, 1:40 pm


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