I created a word that I was using at one point as a domain name. However, I signed up with some oddball hosting company that also took care of the domain name. When my domain expired, I wasn't notified or anything, and it was sold in some stupid auction, and they're not even using it.
The word is something out of my own mind, and I want to copyright one day...when I have the money. I even registered a new domain .NET so I could have something <using the made up word>.
I emailed the new webmaster asking if I could have it back, and she said it would cost over $1,800 to cover her costs (what a waste of money, if I do say so myself, seeing as how there's no market value for something I made up myself). But anyway, of course I can't afford it.
Now, I was thinking. If and when I do copyright the trade name is there some U.S. law that allows me to take back that domain name? It would basically be like somebody "winning" www.yahoo.com from Yahoo! before Yahoo! even trademarked their name. Is there another way, other than paying $2,000, to get my domain name back?
Thanks
[edited by: Webwork at 2:12 pm (utc) on Sep. 23, 2006]
[edit reason] Charter [webmasterworld.com] [/edit]
If you really want the domain, bite the bullet and pay the asking price. An ICANN appeal would cost more than that and couldn't guarantee success even if you had a strong case, which you don't.
Some reality therapy: You can't expect the rest of the world to put their own opportunities on hold because of what you might get around to doing someday. You didn't value the term enough to trademark it. You didn't value the domain enough to make sure the registration was maintained. If you want it back, pay what it takes and consider the cost as part of your education.
You snooze, you lose.
Also: Even if you think the term was original with you, it would only be a matter of time until someone created it simply by trying out letter combinations as they looked for domains to register.
Is there another way, other than paying $2,000, to get my domain name back?
Sure there is. But it's not 100% guaranteed.
The key issue here is trademark, not copyright.
If you really want the domain, bite the bullet and pay the asking price. An ICANN appeal would cost more than that and couldn't guarantee success even if you had a strong case, which you don't.Some reality therapy: You can't expect the rest of the world to put their own opportunities on hold because of what you might get around to doing someday. You didn't value the term enough to trademark it. You didn't value the domain enough to make sure the registration was maintained. If you want it back, pay what it takes and consider the cost as part of your education.
You snooze, you lose.
Also: Even if you think the term was original with you, it would only be a matter of time until someone created it simply by trying out letter combinations as they looked for domains to register.
A splendid, simple, well-thought and realistic answer.
As this is clearly not the case, then possession is 10 / 10 ths of the law and if you want it, pay for it..
It's business an no sympathy can be expected for you not securing your brand.. realistically or legally..
[edited by: Lobo at 7:13 pm (utc) on Sep. 24, 2006]
