Someone owns a domain name which is the name of my corporation

[flair]

I incorporated a company this past week. A week before I incorporated, someone bought the domain name of the corporation name I am using. So the series of events went 1) someone bought domain name 2) I incorporated with that same name.

If I am to copyright that name, am I entitled to that domain name or am I SOL?

[redzone]

A lot of variables involved.

1. Are both entities in the same Country?
2. If (1) is Yes, has the domain registrant previously been doing business in the name of the domain?

Corporate Law specializing in Copyright/Trademark would most likely be your best bet. It's not going to be cheap.....

[chicagohh]

If they are using the domain you are SOL.

There have been instances where a squater was forced to give up the unused domain, but very rarely if the person is using the domian - unless they are breaking trademark violations etc.

Of course, if you threaten with a lawyer and they panic - you win.

[BaseVinyl]

The exact same thing has just happened to us and while it was a big let down to see the .com name had been taken we just registered our name with our country code at the end (.ca) so it's not ideal because we don't have the .com but oh well...life goes on and our name is good so we just have to grin and bear it...

[GeorgeK]

You're really out of luck. You'd be attempting to "reverse hijack" the domain name, if they registered the domain name before your company even existed.

If you look at the terms of the UDRP, for example:

[icann.org...]

it would seem difficult to prove the "bad faith" required element, as they'd have acquired the domain name before you even had any ability to create a trademark.

You might want to try buying the domain name from them, or renaming your company given it is very new.

[flair]

Thanks for the info.

I guess since I live in Canada, I will just register using a .ca instead of a .com.

[GeorgeK]

Personally, I'd want the .com -- you might end up sending lots of traffic to the .com owner, if your .ca site is successful. Then, they've got you by the short hairs if you want to buy the domain later.

Might be worth exploring a different company name....depending on its audience, etc. (esp. if you plan to have international clients).

[Drewbert]

Drewbert's rule #328

Always register the domain name BEFORE you make futher plans, such as forming a company.

[mep00]

If your papers were filed first you might have a chance, especially if you have a way to show that they knew you were filling. It sounds like a long shot. (Mind you, I'm only guessing.)