Most Cost Effective Way To Deal With Cybersquatter

[richarduk]

What is the name of your state (only U.S. law)? Not in U.S

Hi guys... I'm pretty stressed at the moment, I'm trademarking my website name for which I own the .net version, however, the .com version has been squatted on by somebody who has never used it. I checked the Whois information and it says 'No Active Website' and 'Wayback Machine'.... I know they are just squatting on it to prevent others(Namely myself from registering it'

I've looked into my options and the UDRP dispute process seems the most straight forward option but the price is quite hefty, I mean how can small business startup's afford $1300 ......

I've seen a photo of the person who is squatting on the domain and he is only a web designer, I think after seeing me registered as Trademark owner and a legitimate letter from a lawyer he would back down and transfer it.... surely there is a cost effective way of establishing first contact. I want legal involved from the get go though because I think he might try putting a website up to try and claim he had interest in the domain so I want that on record if he tries that move

 

[Silverplum]

What is the name of your state (only U.S. law)? Not in U.S

Hi guys... I'm pretty stressed at the moment, I'm trademarking my website name for which I own the .net version, however, the .com version has been squatted on by somebody who has never used it. I checked the Whois information and it says 'No Active Website' and 'Wayback Machine'.... I know they are just squatting on it to prevent others(Namely myself from registering it'

I've looked into my options and the Uspto dispute process seems the most straight forward option but the price is quite hefty, I mean how can small business startup's afford £1300 ......

I've seen a photo of the person who is squatting on the domain and he is only a web designer, I think after seeing me registered as Trademark owner and a legitimate letter from a lawyer he would back down and transfer it.... surely there is a cost effective way of establishing first contact. I want legal involved from the get go though because I think he might try putting a website up to try and claim he had interest in the domain so I want that on record if he tries that move

Not in the U.S. means we can't help.

 

[richarduk]

But I am Trademarking it on the U.S .Gov website, I website is worldwide

 

[quincy]

You can fight a cybersquatter using the international arbitration system created by ICANN (http://www.icann.org).

 

[richarduk]

Thanks Quincy, I have contacted UDRP(Icann) but its quite pricey, I mean $1300 for a small business... I suppose its a fair price for protecting your business idea but most people will struggle with that fee.

I was just wondering if I can get a legal representative to just initiate first contact, I believe squatter will back down then

 

[quincy]

Thanks for muting me and not providing any information I hadn't already found out myself, great website

Muting you? Explain please.

And, as a note, you do not "trademark" a name. You gain trademark rights through the use of the mark in commerce. Until you do that, you have no rights to a name. In the U.K. and other countries, you must register the name first. In the U.S. (and this site deals with U.S. law only), registration is not required to have rights in a name.

Further, government websites use .gov, not .com or .net. And the .gov is restricted to government agencies.

In addition, you may not have any rights at all in a .com domain name even if you own the .net version. The person who owns the .com domain name may not be a cybersquatter at all - especially if you have not established any rights to the name by use of the name in commerce.

Anything else?

 

[quincy]

Defending rights in a trademark are left to the trademark holder. It can get costly, yes, but the expense is part of doing business.

You can probably find an attorney willing to draft and send a letter to the other domain name owner, requesting he relinguish the name to you or, perhaps, you can offer to purchase the name from him. The letter may or may not work. If it doesn't, then you will probably be forced into spending more to protect whatever rights you may think you have in the name - and I am not sure you have any.

I suggest you consult with an attorney in your area of the world for a review. In the U.S., some attorneys offer free initial consultations. I am not sure if that is the case where you are.