A business domain question?

[FMS]

We have a Hosting company on a domain name that can be typed in various ways. We own 1 variation on this word (lets call it)

Our domain has been a hosting business since 2002. There are two differnet people who own another variation (spelling) of the word (our company name).
We have a .com and he/she has the VERY similiar .com and someone else the .net


We are thinking of approaching both parties about selling it to us, since they have no website up on the site, although they reserved the words in 1999. So basically they bought their domain first, but we set up our business website first, and they don't seem to be using the domain for anything.

If the owner does not want to sell, and down the road ends up starting the same business as ours (hosting) on the domain, do we have any rights? This is such a close variation on the spelling it could majorly impact our business if they develop either the .com or .net into a hosting company.

The irony of it all is that both the owners are domainers too. Went to both their websites and see allot of domains for sale...so there is hope...

Another option, is that the .us, .biz and .info are available in the domains spelling variation, should we reserve those now or should we approach the others about selling the .com and .net first?

Its sort of complicated and hoping that anyone has any ideas.

On the other end, we are considering trademarking our name, which would prevent them from developing the domains in the future for the same type of business or would it? What's the best way to deal with this type of situation?

Thanks for the help.

[Steen]

I'm no lawyer but I can guess.


I would contact them and ask if they would sell to you (I would use anonymous email myself). If that doesn't work and you really want the domains you could consider hiring a lawyer and going through WIPO ($1500 +/-) and lawyer's fees.

[jberryhill]

I have a hard time understanding how these two sentences belong in the same post:

Our domain has been a Hosting business since 2002.

and...

On the other end, we are considering trademarking our name

If you have been operating your business under that name since 2002, what makes you believe you don't have trademark rights?

[theparrot]

I am sure it is meant that they are considering registering a trademark. In either case, the fundamental questioned raised is an interesting one, and one I am curious about also. Does a trademark established after a domain is registered, but before it is used for a similar business preclude the owner of that domain from using it for that type of business?

[namedropper]

My main question here is what type of name this is if it's so obvious that other people have similar sounding domains? Is it just a good word you happen to be using for Hosting, or is it an obvious hosting-related word? Is there any reason to assume that if they did develop the name that it'd compete with your business?

My gut feeling is you don't have a problem. Offer to buy the names if you want, but I doubt (on what little information has been given and the general tone) that they are or would ever be infringing on your site.

[FMS]

The Parrot: thank you....that is exactly the point....

JBerryHill and Parrot: I'll send the domain names over via pm....that might clarify things, just don't want to post the domains publicly for obvious reasons.