Domain Name Acquisition

[Willy]

I am currently starting a company that will do a lot of things - when trying to name our business, we came up with a great, four letter name, that had meaning and everything - it is perfect. It is not trademarked yet, so that is another good thing. My problem is the domain name is registered - since 2000, it has been registered and not been in use at all. It is still currently not in use, and it is always parked - the registration expires in mid 07, but we would like to have the name before then, in fact as soon as possible - and we want to get the domain name before anything else so we don't waste a ton of money and then not be able to get the .com...I emailed the owner about a similar domain name he had that was a .net and in the same situation - however he said that he was going to use it sometime...Should I ask him about this domain name and risk him renewing it or is there any other action I can take? Can I get the trademark for the name, and then get the .com from him somehow? It's hard to find any domain name that is good to get, and we plan on being a very large company - but since our business has to do with the website, we need the domain name...Any Suggestions?

[stu2]

They got the domain before the trademark. They get to keep he domain.

It is unlikely the current owner will not renew the domain.

You should approach the owner. It's the only way to acquire the domain. He may or may not come up with the same explanation. Everything is for sale at the right price. You just have to find to what the right price is. Probably not cheap for a 4 character name with meaning.

[Willy]

Well, with meaning - meaning that we made it up based on another word but changed spelling - as well as the base word was from another language. The meaning is something that no one would know unless we told them. But the fact is, if he, or anyone else for that matter, is not using the domain name for anything, and only wants to sell for thousands of dollars...I'm just not sure how that works. If they can legally keep it, couldn't someone just acquire every domain name possible and hold them until some one offers them a ton of money? If it got to that point it would be impossible for any new business to come up that wants to have anything do with the internet - which is the future of business. It would make it impossible for anyone who does not have that much money yet to start a business, and somehow that doesn't seem right to me...Maybe thats just my opinion but it seems that ignorant people who don't want to work for their money or make something of themselves, people who just want to make a quick buck for nothing will take over the people who actually have the drive and determination to make something of themselves.

[Webwork]

First, welcome to WebmasterWorld Willy.

The bad news is fourfold.

First, if you want the domain negotiate for it or move on. Most domainers are pretty well funded so lawyering up - especially on weak claims - will just be a waste of assets and could result in a countersuit for frivilous claims, etc.

Second, we're not going to host threads that at their core are about whining, name calling or other version of publicly airing private grievances in regards to a domain name.

The domain forum is premised on the idea that most versions of "the domain business" have been validated by time and experience, and therefore we're not going to re-open old debates. Specifically, we're not going to reopen the debate about the legitimacy of parking domains, a business practice that ICANN and the world has been aware of since 1999. Debating, anew, long settled issues because someone is personally annoyed or aggrieved is productive of nothing, except the occassional tongue lashing delivered by the aggrieved to the members with the gesture returned in kind. We're not going there, again.

Third, the simplest solution would be to be a bit more detached from your "this is THE name" thinking and move on. I'd love to have the domain Money.com or Business.com or a million others, but that's simply not going to happen (unless I pay a lot of money). You can take the "at all costs, forge ahead" approach if you want but see the first point. My advice: Be MORE creative.

Fourth, in light of all the above and to eliminate the predictable flaming or other unproductive exchanges that come from threads such as this I'm locking the thread.

Your answers are simple: Negotiate. Come up with a new name. Lawyer up and be prepared to litigate for several years.

[edited by: Webwork at 12:47 am (utc) on Dec. 30, 2006]