4 ms·

So if I owned example.org, but example.com is used by a squatter -- assuming example is a specific, trademarkable name -- are you saying I could get the .com vi

by pbz 14y ago

So if I owned example.org, but example.com is used by a squatter -- assuming example is a specific, trademarkable name -- are you saying I could get the .com via UDRP? Have there been cases where this worked?

larrys 14y ago
Yes.
- crikli 14y ago
  No, maybe. A very qualified maybe. I've tried the UDRP route. You have to have an extremely solid case to get the domain name. Furthermore, the domain name must be very very specific. So if I've got a business called "Chris's Midwest TV Repair" and we've been in business for 25 years. If someone's squatting on chrissmidwesttvrepair.com then yeah, I can probably UDRP them. But I'm in the TV repair business, so I really need to spend my time finding something else to do before I'm buggy whipped, but that's a tangent. If I'm just a startup trying to get a domain name, I have no case for a UDRP, nor should I.
  - larrys 14y ago
    "You have to have an extremely solid case to get the domain name." Actually it's pretty well known within the business that the Plaintiffs win the majority of cases where the facts bear out their rights. "So if I've got a business called "Chris's Midwest TV Repair" and we've been in business for 25 years. If someone's squatting on chrissmidwesttvrepair.com then yeah, I can probably UDRP them. But I'm in the TV repair business, so I really need to spend my time finding something else to do before I'm buggy whipped, but that's a tangent." That's what its like to be a small business person. "If I'm just a startup trying to get a domain name, I have no case for a UDRP" You don't. A startup has no trademark rights in a domain until they establish trademark rights. The first step is to apply to the USPTO for a trademark.