Blatant CyberSquatting

How can I stop this without spending a fortune?

[bears5122]

As of a little over a year ago we purchased a company and have the trademark and everything. This company is fairly well known by name. The old domain was registered to the old owner who refused to sell it for less than 5k. That was fine and we waited for the domain to expire.

Lo and behold the domain was snatched up by someone else and now has a parked advertising page.

Is there anything I can do without spending an absolute fortune? This should be an open and shut case as the domain is www.companyname.com.

Any help would be appreciated.

[edited by: tedster at 7:07 am (utc) on Oct. 30, 2004]
[edit reason] no specifics please [/edit]

[amznVibe]

If you have a registered trademark and the domain was (re)registered after the trademark, with no content on a website, IANAL but you should be able to win a WIPO case easily.

I believe the current WIPO filing fee is $1500? You might want to double check with some real legal advice and then offer them $100. If they counter over $1500 just walk away and do a WIPO filing, otherwise negotiate downwards.

If they are parked or listed on any of the major respectable domain marketplaces, inform the marketplace owners of the trademark. They will most likely pull the listings. Also watch ebay, if they list on ebay, ebay has a way to yank the listing if you can provide proof of trademark.

Lesson for you and others, even if it is trademarked don't just be cheap and wait for it to expire thinking you are going to nab it for around $10, put a backorder (aka snap) on it to help ensure the catch. It's alot cheaper and stress free in the end.

[Domain_Guy]

You're a couple of years late in thinking a backorder is going to insure you get the name... a backorder just puts you in the bidding with other buyers in many cases.

A trademark does not guarantee that you have rights to the name. You can file a WIPO, but don't be surprised if you lose. You should have forced the person you bought the trademark from to settle this first -- he actually diluted the trademark by not bothering to register the .COM name. I assume you HAVE purchased the other TLD's of the name, correct? If you don't protect a trademark, you lose rights to it.

[submitx]

Most people registering expired domains use fake contact info, which makes them hard to track down. If you file WIPO you may win, but you will never be able to collect your money back from the guy, even tough legally he is liable to pay, if he looses. The best thing is to offer to buy it from him and see if you can get it for less than $1000. Do let him know that it is your trademark and you intent to take legal action. You may also want to pay a lawyer a few hundred to send him a cease and dicease letter, that usually works if the guy hasn't hidden his identity.

[growingdigital]

I agree with submitx about the cease and desist letter. It's amazing what happens when someone opens a letter with an attorney's name on it.