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General Interest > Money Matters
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Help with Domain Rights
    #7848991 -

To make sure my company is not indexed in relation to the Shroomery,
I'll refer to my company as "company".

My business is registered and legally incorporated in the United States,
but now I'm ready to take it online. Upon doing a domain search for the corresponding website to my company name, i.e.
the name of my company, the domain was already taken.

I then did a whois search and the domain is registered through Domains by Proxy.

Can I sue the owner of this website?
Also are there other ways you can think of to force the owner to sell?

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Re: Help with Domain Rights [Re: Shroom Empire]
    #7852670 -

So wait, you incorporated a business where the domain name was already taken and now you want to sue the domain holder and take his domain? :confused: It doesn't really work that way. If you have a trademark on the name (not just an incorporation), and the domain holder doesn't have any legitimate claim to it and is using it in bad faith, you can follow the ICANN dispute policy and try to get the domain turned over to you. Last I checked this involved a $1500 mediation fee however. You can also just contact the domain holder and see what their asking price is.

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Re: Help with Domain Rights [Re: Ythan]
    #7856645 -

Ythan said:
So wait, you incorporated a business where the domain name was already taken and now you want to sue the domain holder and take his domain? :confused: It doesn't really work that way. If you have a trademark on the name (not just an incorporation), and the domain holder doesn't have any legitimate claim to it and is using it in bad faith, you can follow the ICANN dispute policy and try to get the domain turned over to you. Last I checked this involved a $1500 mediation fee however. You can also just contact the domain holder and see what their asking price is.


if they aren't using the domain name for trade you can definatly get it back, provided you are.

and as for the trademark, you allready have one if you use the name for buisness...  common law trademark goes back to first use of the mark in trade, not registration (if it ever even was)

but icann and cybersquating is very pro-buisness and anti domain holder.

So you could probably get this back no prob if you got the cash.

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Re: Help with Domain Rights [Re: johnm214]
    #7856659 -

for purposes of that last post I presumed you live in the US, though it doesn't really matter if you go the icann route, as they will surely side w/ you anyways

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General Interest > Money Matters
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