Disputing A Domain Name
What if your name – either your personal name or your company name – is already taken, and you want to have it ? Unless the owner has opted for personal registrations,
you can find out to whom a domain name is registered by searching in the Whois database, a central registry of all domain registrants on the web. One site where you can search this database is www.networksolutions.com/whois, but most domain-registration sites include a More info link for finding out about a taken domain.
Most registration lists in the Whois database include the street address, phone number, and email address of the person or business that registered the domain name as well as information about the server or service provider that hosts the domain. If you have got your heart set on a registered domain name, you can contact the owner and try negotiating. Many have registered names that they aren’t using, and if you find one that is registered but not in use, the owner could be ready to sell for a fair cost. I know many individuals who have picked up great domain names for $500 to $1,000. To date, the courts seem to be applying the same laws to domain names that they apply to trademarks. As an example, if you’ve got a legal trademark such as Levi, and someone registers www.levi.com before you do, you can robably go to law and force the person to give you the domain name, although website name disputes can be lengthy and pricey.
if you do not have a trademark, you could have no alternative than to try and buy it from the person or select another name instead. If you believe that you have a case against someone who has taken your name, don’t bother the registration service with your complaint. Domain registrars don’t handle domain name disputes ; they just register names on a first-come, first-served basis. Instead, talk to the guilty party without delay. If that does not work, take the problem to court. If you can get a judge to rule that you’re right, the domain registration service revokes the name and lets you have it.
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