behati — 2012-02-28T08:56:13-05:00 — #1
Do you guys know if there are some kind of international guidelines/laws concerning "Domain hunting" (by which I mean, bulk buying domains of upcoming terms/phrases/companies in hope of selling them for vast amounts later on). Where I live (Denmark) there are laws that prevent people from this kind of shady business (though I suppose it's fully legal), but with the world wide web being as global as it is - I'm guessing Danish laws won't really impress anyone not located in Denmark
So in short, do you guys know if there's somewhere to turn when people are parking domains (that have always been inactive) that you wish to use for personal or commercial sites?
I know there are several Domain brokers, but the owner/registrar of the domain seems to be inactive or not responding.
ldcdc — 2012-02-28T09:16:49-05:00 — #2
It's one thing to register a domain formed by new terms/words you think will become popular, and another to register someone else's trademarked name (or even personal name).
In short, if you want someone else's domain, and they're not responding to your emails, you can only get it out of them via UDRP or in court (assuming you have a decent claim on it). Ultimately you may still end up in court even if you get the domain via UDRP.
behati — 2012-02-28T09:44:53-05:00 — #3
Thanks for your reply, in this particular case the name wasn't a trademark at the time of registration, but is now an active trademark. With the domain being inactive it somehow seems reasonable that you should atleast be able to get a reply/quote or the like from the registrar.
The court option is, as always, a big investment
ldcdc — 2012-02-28T13:33:18-05:00 — #4
Thanks for your reply, in this particular case the name wasn't a trademark at the time of registration, but is now an active trademark.
Seems to be a bit of a sticky situation, as it would be hard to prove they were trying to extort anyone, or use a trademark for financial advantage. Just because you have "apple" as a trademark for electronic, it doesn't necessarily mean there can't be an "apple" locomotive.
With the domain being inactive it somehow seems reasonable that you should atleast be able to get a reply/quote or the like from the registrar.
The registrar unfortunately has an obligation first and foremost to its customer. You can't really force them to assist you or help you get in contact with the domain's owner. Legally speaking, it may be the safest position for them to just not communicate to a third party anything about their customer (though they could tell you just that).
dave_zan — 2012-02-28T18:32:35-05:00 — #5
Or a big expense if one especially has no demonstrable claim.