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Cease & Desist For Trademark Infringement Domain Use

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  • Cease & Desist For Trademark Infringement Domain Use

    Has anyone with a trademark here had any success in acquiring a domain for their trademark? We have our trademark filed, I have recently had success with Google and Bing on my own with filling out their forms to make sure we are the only ones that are bidding on our trademark, our trademark .com domain is taken, I reached out to the owner kindly and explained that I now have the trademark for the term and I want the domain. I was very nice about it and offered to buy it. I got back a cocky message and without actually saying it a GFY and good bye. I have seen there is a package online to recover the domain, but since we already have our brand established on a domain and I just want this to further develop and secure my brand. I was thinking before going the route of something like this: http://www.thetrademarkcompany.com/p...te-enforcement for 3k to see if maybe a C&D from a lawyers office would do the trick at an obviously way cheaper rate. Has anyone here dealt with anything like this? Obviously the domain is worth the 3K for the enforcement, but if there is an alternative I might not know about or any feedback I am open to hear about it.

  • #2
    This is the response I have received in the past for things like this when trying to get a registrar to forfeit the trademark:
    "If you feel this domain name violates any applicable trademark laws, filing a complaint through an ICANN authorized UDRP - Uniform Domain-Name Dispute-Resolution Policy arbitration provider may be the best way to proceed. Further details regarding the UDRP process are available at www.icann.org/en/udrp/udrp.htm. Two of the most popular UDRP arbitration providers are WIPO, or the World Intellectual Property Organization (www.wipo.int/), and NAF, or the National Arbitration Forum (www.adrforum.com/)."


    It's definitely possible but will likely cost some money to do it right, all roads lead back to UDRP.

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    • #3
      And in my understanding, it all comes to timing. Was trademark registered after domain in question was purchased by the 3rd party? I read numerous storeys for domains returned to the trademark owners, but never about success in securing trademark and only then going for a domain. I am in a similar situation. Registering a trademark, and dealing with large corporate domain re sellers who have my trademark.com domain registered 2-3 years ago. With only option so far is to buy it out.

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      • #4
        As Yurla noted the timing is important. Also it matters if there is confusion generated with the domain name as to if you and the website are the same pary. If the domain owner regged it a long time ago and he's not really competing with you, good chance you will not win at UDRP. Did you make a low-ball offer or $X,XXX offer?

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