Domain hogging/squating legal action?

A

Aquilla

Well-Known Member
Joined
Sep 27, 2007
Messages
141
Reaction score
0
Location
Shaolin Monastery
Hi,

There is a domain i would like to use but this one guy owns it (10 years) and does not use it. How can i take legal action or is it even possible to take legal action against someone like this?
 
If it's a generic term you and you don't have a trademark or anything then you're pretty screwed...
 
Try approaching him to see if he is interested in selling it. What is the domain name ?
 
Short of paying for it, unless you have the trademark there's nothing you can do. Not sure what laws would apply if you did have the trademark. We ended up paying for the domain we wanted from the person who wasn't using it.

Sometimes it's easier to change what you want to call your company if you haven't started it, and he's a stickler and doesn't want to sell. I'd approach with the intent to purchase. They might not want to sit on it paying for the domain fees without using it when they know that they can make some dosh off of it. Also, with you potentially walking away from it if the price is too high, they might not push the price too high.

I'd play the card that it's a name you'd like to use, but because you haven't started the business yet, you'll pay a small fee, but rather choose another name if the price is too high. That should be enough bait to bite without asking too much. As long as they know it's not life or death for you, just a nice to have.

I'd recommend that you don't post the domain name here... At least until you've bought it:P
 
Even if you could take legal action how do you know this domain has not been used in the last 10yrs?

Example: I've parked my wifes business domain on my domain yet we use it for her email.
 
Look up the "www.sting.com" domain squatting issue from the 90's.
STING (the artist) lost out to some gaming dude.
 
It doesn't mean that if there's no website, the domain isn't actually being used. It could be used for email / VPN / etc purposes.

Did you phone the guy and asked him if he wants to sell?

Otherwise, If you have a registered (CC / PtY) company with the exact same name then you can attempt to take legal against the owner.

Look here for more: http://co.za/legal-FAQ.shtml

but even then the current owner's laywers could prove that the domain is in use, and your company isn't a registered trademark, so there's no reason to sell the domain - at your costs to the court as well.
 
thanks guys, going to try and buy the domain from him. Unless of course he wants like a lot of money for it :/ In that case ill just have to think of a new name...
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X