Tradename and Domain Name Question

**wdaugherty** · 10-14-2007 07:46 PM

Greetings,

I have searched the United States Trademark/Tradename system, as well as my local state business website-- and so far the business name I want has not been registered. The problem is that the domain name I want (which is also the name of the business) has been registered by one of those domain name hijackers. Sure, I could cough up the $100,000.00 they want-- but that's ridiculous, and isn't going to happen...

So, since they have not used the domain in connection with a business, have not registered it, do not have a webpage or business, then do I have an argument for getting the domain if I go ahead and file for a tradename/trademark then approach the hijackers and demand they release the domain?

Hope what I asked makes sense!

**radreality** · 10-14-2007 07:51 PM

you would have an arguement, yes; but it would be a waste of time.

Its all about timing. If you had it trademarked prior to them registering it, then you would have a little bit more of a fight, but realistically it still probably wouldn't be economical.

Your best bet is to just find another domain name. That will be the fastest and easiest solution to your problem.

______________________________
Robert Falk
Business Developer / Investor
Self Help & Success Forum

**wdaugherty** · 10-14-2007 10:38 PM

Thanks for tipping in on my question. I think I will heed your advice, and move on.

**carrera87** · 11-08-2007 03:39 PM

google is you friend

**vishenda** · 11-08-2007 03:57 PM

Yes Google is your back up.

**Nick R** · 11-08-2007 04:51 PM

All you have to do is register the trade name and then you can ask the owner of the domain to either relinquish it or you can just take him to court. Once you own the trade name I believe you are legally entitled to the domain unless you have a good reason to keep it.

**consueent** · 11-08-2007 08:46 PM

There may be a good alternate domain name you could use. When I started my first shop, the domain I wanted was already taken by a legit company in another state and a completely unrelated industry. So I just moved on to something similar.

If your company name is: The Awesome Gift Store and you can't get the right domain you've still got options:

awesomegifts.com
awesomegiftstore.com
myawesomegifts.com

and on and on and on. I bet there is something out there that you can be happy with.