Legal Question - WickedFire - Affiliate Marketing Forum

mGrunin · 12-21-2009, 12:18 AM

Thought I'd ask for help here before approaching a lawyer.

I want to register another corporation, but the domain name for that corporation name is already taken. If I am able to successfully register my company name as a trademark, would I be able to legally acquire that domain name from it's current owner?

Thanks in advance.

kaisdavis · 12-21-2009, 12:22 AM

IANAL, but from some general reading I believe that you'll have a hard time acquiring the domain this way because it's registration predates your company name.

You might want to try buying the domain from the owner. Tim Ferriss has a guide that is a good place to start.

tygoldberg · 12-21-2009, 12:27 AM

no you will not.

yellowarrior · 12-21-2009, 02:53 AM

^ what he said.

The rule basically is that unless you started doing business under that name BEFORE the registration of the domain, your screwed.

sgtryan · 12-21-2009, 03:27 AM

short answer: no. long answer: hell no son

PHPGator · 12-21-2009, 03:00 PM

Others have already answered this question, but I would like to encourage you to go to the domain name owner and ask him what the price he would like to sell it for would be. More than likely if he isn't even doing anything with it, you'll be able to purchase it. It probably won't be cheap though, especially if it is a good domain name.

mGrunin · 12-22-2009, 01:10 AM

Thanks for the help all. Only option is buying the domain though, the domain sold on sedo.com for $50,000 3 months ago; so going to need to come up with either that amount or more if I want a chance at it.

12-21-2009, 12:18 AM	#1 (permalink)
mGrunin Face Value Join Date: Jul 2009 Location: NY, US Posts: 1,809 iTrader: 6 / 100%	Legal Question Thought I'd ask for help here before approaching a lawyer. I want to register another corporation, but the domain name for that corporation name is already taken. If I am able to successfully register my company name as a trademark, would I be able to legally acquire that domain name from it's current owner? Thanks in advance. Share Share this post on Digg Del.icio.us Technorati Twitter __________________

12-21-2009, 12:22 AM	#2 (permalink)
kaisdavis Member Join Date: Nov 2009 Location: Oregon Posts: 64 iTrader: 1 / 100%	IANAL, but from some general reading I believe that you'll have a hard time acquiring the domain this way because it's registration predates your company name. You might want to try buying the domain from the owner. Tim Ferriss has a guide that is a good place to start. Share Share this post on Digg Del.icio.us Technorati Twitter

12-21-2009, 12:27 AM	#3 (permalink)
tygoldberg Senior Member Join Date: Sep 2009 Posts: 666 iTrader: 6 / 100%	no you will not. Share Share this post on Digg Del.icio.us Technorati Twitter __________________

12-21-2009, 02:53 AM	#4 (permalink)
yellowarrior Senior Member Join Date: Oct 2008 Location: So Cal Posts: 406 iTrader: 12 / 100%	^ what he said. The rule basically is that unless you started doing business under that name BEFORE the registration of the domain, your screwed. Share Share this post on Digg Del.icio.us Technorati Twitter

12-21-2009, 03:27 AM	#5 (permalink)
sgtryan Señor Ryan Join Date: Aug 2007 Location: CA Posts: 2,251 iTrader: 2 / 100%	short answer: no. long answer: hell no son Share Share this post on Digg Del.icio.us Technorati Twitter

12-21-2009, 03:00 PM	#6 (permalink)
PHPGator Senior Member Join Date: Sep 2009 Location: Oklahoma, USA Posts: 426 iTrader: 12 / 100%	Others have already answered this question, but I would like to encourage you to go to the domain name owner and ask him what the price he would like to sell it for would be. More than likely if he isn't even doing anything with it, you'll be able to purchase it. It probably won't be cheap though, especially if it is a good domain name. Share Share this post on Digg Del.icio.us Technorati Twitter

12-22-2009, 01:10 AM	#7 (permalink)
mGrunin Face Value Join Date: Jul 2009 Location: NY, US Posts: 1,809 iTrader: 6 / 100%	Thanks for the help all. Only option is buying the domain though, the domain sold on sedo.com for $50,000 3 months ago; so going to need to come up with either that amount or more if I want a chance at it. Share Share this post on Digg Del.icio.us Technorati Twitter __________________

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