Domain Name hijacking
Because of availability
of fewer good names major concern in developing a website is search,
select and get a good domain name. Domain names nowadays are becoming the
"hot" property - as the domain name with the trademark of big players are
booked in advance and then the ownership for these domains are resold to
the big players for higher unexpected prices. It is the case with many
companies that the domain with their trademark is already booked by
someone and when these companies desires to launch their websites with
their trademark they have to pay unbelievable prices to unknown persons so
it is very similar to extortion. Take the example of Fortune 500 when the
domain for this company was booked by someone who has no intention to
develop his website with this domain name and then waited to be contacted
by the big players to purchase the domain name for very high
fees.
One other more frustrating issue is when any
small business name or a domain name for a new product is booked by
someone in the hope to earn profit from reselling this domain name. Here
is a question which is faced by small entrepreneurs when they start their
business online.
"I have taken a trademarked, but the
problem is that the domain name with this trademark is already taken by
someone right after when I registered this trademark. Do I have the legal
right to this domain name with my trademark?"
People who are
involved in these acts may be doing it innocently or intentionally, but
you can not case unless you have got an established use of your
trademarked name for long time and you can prove that the owner of this
domain was trying to extort from you an excessive amount fees from you
with the hope that you will purchase the domain name from
them.
You can take this case to court if you wish to, but it
is not likely to benefit you unless you are able to prove that the owner
of this domain was willing to squat on the domain name and not use it for
their own business, hoping for an excessive fee from
you.
Still, this case may cost to you greater than it's
worth.
This is unresolved battle with companies increasing
day by day. Until laws are formulated and passed there will be no solution
to protect a domain name from others who reserve intentionally to demand
excessive fee from big players. You may file a case against them if they
are creating problems and causing harm to your business by inappropriately
using that domain name. But when they are using simply for another
purpose, then you might consider them selling your trademark
instead.
This website will return with registrant
name, name servers and the host name. You can simply contact them explain
the situation of your trademark, your interest to own the domain name and
then ask them if they are ready for reasonable solution which would avoid
the court battle and settle for some reasonable amount may be twice of
what is paid by them.
If a large sum is not spent by them in
developing a strategy for the name or the domain is only few months old
and they have not started with their strategy and website development they
will agree to give it up.
All the best with your own
trademarks and domain names!
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