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Someone has registered the domain I want

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cleary1981

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Hi All,

I have thought of the perect name for my company, problem is that someone has already registered the .com. The domain is obviously parked and there is nothin except advertising on the site. The registrar is not interested in selling and seems to have no plans to do anything with it.

I was thinking if I was to register the name as a trademark which I will be doing anyway, would I be able to get the domain through ICANN or something?

Thanks in advance
 
If you get a TM now there is no guarantee that you'll be able to get the domain since it's been registered before your TM.

Your best bet is to send the domain owner an email and ask if they're willing to sell it.
 
Try to buy the domain from the owner or find another name for your company.
 
what you are describing would be reverse domain hijacking and you would probably not get the name. Everything has a price. Most people would sell a name for the right offer.
 
Thanks for the quick response. I have already contacted him via email and he has not replied. Would I not have any rights even though the site is not doing anything?
 
Not many unless you get yourself a very good lawyer and even then it's no guarantee. $1500 for a WIPO fee plus thousands more for attorney fees.

Plus, like what Gingerman said, what you're describing is reverse-hijacking and there is no guarantee that you'll get it.

As he said, your best bet is to either find a price that the owner is willing to sell or find a different name.
 
My problem here is lack of response from the owner. I do know that the registration is about to expire soon. Is there anything I can do there?
 
My problem here is lack of response from the owner. I do know that the registration is about to expire soon. Is there anything I can do there?

You can place a backorder via Namejet/Pool/SnapNames if you think the owner don't will renew this domain.
 
Thanks I must try that. Will the owner be able to find out about this? Also how long has the owner got to renew? If he hasnt renewd before the expiry date is it mine?
 
If you hadnt emailed him maybe youd have a better chance he wont renew

You should have waited to see if he renewed before you emailed him

Too late now :(
 
That did cross my mind after I had emailed. Will just have to wait and see.

Thanks guys
 
Well dude your thinking is like publicly planning a theft. Try to write an offer properly:
1. do not use free email but company email
2. put domain name into the subject (nothing but the domain name)
3. Make a simple offer like "Offering $2,500 for this domain" - $2,500 should be minimum for even the most crappy domain because larger portfolio owners will not go through the selling hassle for less.
 
Well dude your thinking is like publicly planning a theft. Try to write an offer properly:
1. do not use free email but company email
2. put domain name into the subject (nothing but the domain name)
3. Make a simple offer like "Offering $2,500 for this domain" - $2,500 should be minimum for even the most crappy domain because larger portfolio owners will not go through the selling hassle for less.

I disagree

Dont use a company email - let them think your small

They don't need to have any insights into why you would want the domain or how deep the pockets of your company are

Use aol , gmail or yahoo - any free email works
 
Thanks I must try that. Will the owner be able to find out about this? Also how long has the owner got to renew? If he hasnt renewd before the expiry date is it mine?

Unless they work for the company you backordered it though and they are seriously violating their policies, they won't know (or unless you tell them).
 
I disagree

Dont use a company email - let them think your small

They don't need to have any insights into why you would want the domain or how deep the pockets of your company are

Use aol , gmail or yahoo - any free email works
HUH ? He is saying they are not answering him, so method "I am a poor loser" does not work. I can guarantee you I am automatically deleting any email from free email asking to buy a domain. And those which do not name price usually too, except when I see it is some real company who could pay something worth the wile...
 
you can him in which way? see the whois domain to see the registar info to contact him
 
Thanks for the quick response. I have already contacted him via email and he has not replied. Would I not have any rights even though the site is not doing anything?

If you have rental property that is not rented currently and sitting empty, should I go to the town hall and expect the government to give it to me?

Everything has a price. More than likely your going about asking the wrong way and that is why they will not respond.

60$ offer = delete and not worth the time to respond

If you want to get his/her attention, don't use a free email address (like denny said) and start off with a 4 figure offer with the domain name in the subject line.

If they still don't reply, you will need to find a different domain name.
 
Thanks for the quick response. I have already contacted him via email and he has not replied. Would I not have any rights even though the site is not doing anything?

Why do you think you have rights to someone else's possesions (especially since you don't currently have the TM)?

If you have you eye on that prime waterfront real estate, but the owner isn't selling, do you think you have a right to own it?

Either increase your offer or explore other names. (hyphens, numbers, acronyms, name+corp, name+inc, etc…)

You do have options.
 
As domain owners, all of us experience what this newbie is attempting to do.

My pet peeves.

1. Just because it is parked, I'm not doing anything with it and it has very little value.
2. Just because someone thought of a great company name, they should automatically be given the domain.
3. Just because someone contacts me, I have to answer the email.
4. Just because someone contacts me, I have to enter into negotiations.
5. Just because I have owned the domain for 5 yrs, I should only be paid the reg fee plus renewal costs.
6. Just because the buyer only has $ 100. in his paypal acct, I should sell him a domain worth $ 10,000.
7. Just because someone started a non-profit organization, I should DONATE my 3 letter domain.
8. Just because a company has a TM on "son", I should give them all of my domains that contain the letters "son".
9. Just because the plural of a domain sold for $ 100, my singular of the domain is only worth $ 100. or less.
10. Just because the domain is coming up for renewal, it has less value.
 
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