domain squatter - ICANN's UDRP

[infocus]

What is the name of your state (only U.S. law)? CA

Domain name squatter is holding a .com that I would like to acquire and won't respond to inquiries about purchasing the name.

I have a limited understanding of ICANN's UDRP (Uniform Dispute Resolution Policy), but based upon my knowledge of the policy, I think it is very unlikely that I could use the policy to have the name transferred from the current holder into my ownership. I do not have grounds to claim that I am the legitimate owner of the domain name over and above anyone else. That party bought the domain name, and at the time of the purchase, I was not in business under that name and had not established trademark rights in it either on a common law basis or through registration.

My question is, if I now establish a company doing business as the same name as the .com I am attempting to acquire, would that give me greater leverage over this domain and the possibility of acquiring it? Or what other options do I have?

 

[Zigner]

Why do you think you have any right to the domain name at all?

 

[asiny]

My question is, if I now establish a company doing business as the same name as the .com I am attempting to acquire, would that give me greater leverage over this domain and the possibility of acquiring it? Or what other options do I have?

On top of Zigners excellent question...
The answer to your above 2 questions are, no and none.

 

[FlyingRon]

Unless you have trademark rights to the name and the squatter has none, you can't just wrestle it away from him. The UDRP was designed to keep people from stealing things like "COKE.COM". My friend RS was probably the first, while working at Sprint he grabbed MCI.COM for laughs.

 

[infocus]

I will have trademark rights, if so, what can I do then? File with ICANN?

As an aside, it seems based on your responses that domain squatting is perfectly legal and accepted and there's nothing you can do about it. Even if the owner is in another country, has thousands of domains and refuses to sell them, he can hold them indefinitely with no recourse.

 

[TheGeekess]

I will have trademark rights, if so, what can I do then? File with ICANN?

As an aside, it seems based on your responses that domain squatting is perfectly legal and accepted and there's nothing you can do about it. Even if the owner is in another country, has thousands of domains and refuses to sell them, he can hold them indefinitely with no recourse.

Considering that the domain was owned by the 'squatter' LONG before you decided to use the same name....

 

[STEPHAN]

There is a big difference between somebody registering domains that violate other peoples trademarks or even common law marks and people that just register lots of domains.

You really have no case and will not have a case, even if you file for a trademark.