If your company owns a trademark, but someone else has registered a .com domain with that phrase, do you still have to purchase it from them?
2007-11-07 06:47:26 · 4 answers · asked by Adam J 2 in Politics & Government ➔ Law & Ethics
take it up with the owners. Maybe they will sell it to you.
Otherwise you are going to have to follow the policies of their domain registry.
2007-11-07 06:51:25 · answer #1 · answered by Barry C 6 · 0⤊ 0⤋
What you're talking about is called "cybersquatting". Both Internic and the US gov't have passed rules requiring the owner of a domain name that is a registered trademark to surrender it to the trademark owner under *most* circumstances.
If, for example, my name happend to be "Eddie Bauer" and I had registered www.eddiebauer.com then the company Eddie Bauer couldn't win a cybersquatting case against me. On the other hand, if I'd registered www.toysrus.com, then Toys R Us could win.
These cases get complex, because what's your registered trademark in CA might be someone elses in NY - or in England.
An excellent example is the case I have linked to below - Mike Doughney registered his website at www.peta.org - peta standing for "People Eating Tasty Animals". The animal rights group PETA - "People for the Ethical Treatment of Animals" - sued, and Doughney was ordered to surrender the domain to the group.
Richard
2007-11-07 14:58:28 · answer #2 · answered by rickinnocal 7 · 0⤊ 0⤋
You only have to purchase it from them if you want it. You may own the copyright on the phrase, but the domain name is theirs.
2007-11-07 14:50:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You need to arbitrate it.
2007-11-07 14:49:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋