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WetWillie
03-01-2005, 11:17 PM
I want to buy a url that has been unused for the last 4 to 6 years. The person that ownes it does not use it and appears to have no intentions of using it? Is there a law or laws regarding this issue?? I thought that I remmeber talking to the ***boat admin about his situation. Someone owned
***boat.com and ***boat used to be online at ***boat.net ***boat was able to get it away from them for some reason???
Pisses me off that a URL that I could use for my Corp is going unused. I have offered this guy thousands for it and not replys. I am very sure he gets the emails as well..
Anyone know????
Thanks :D

DryHeatOnly
03-01-2005, 11:23 PM
I think the owner has to renew every so often (possibly every year). If he renews, it remains his.

essexjet
03-01-2005, 11:25 PM
WW, you can buy a 5 year or 10 year I believe. You can use another such as .net, .coop or others until .com becomes available.

DryHeatOnly
03-01-2005, 11:27 PM
You may want to look into the 'Anticybersquatting Consumer Protection Act' if it affects your company.

essexjet
03-01-2005, 11:30 PM
Hey WW found this on the web, you can try The Anticybersquatting Consumer Protection Act. ACPA (http://www.keytlaw.com/urls/acpa.htm#What is the ACPA?)

essexjet
03-01-2005, 11:31 PM
Damn Sam are you reading my mine :)

DryHeatOnly
03-01-2005, 11:40 PM
Yesiree! Hope it helps.

WetWillie
03-01-2005, 11:48 PM
What Must a Trademark Owner Prove to Win a UDRP Arbitration?
A complainant must prove each of the following elements to win a UDRP arbitration:
The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
The domain name owner does not have any rights or legitimate interests in respect of the domain name; and
The domain name owner registered the domain name and is using it in "bad faith."
What is Bad Faith?
The UDRP lists the following nonexclusive circumstances as evidence of bad faith in the registration and use of a domain name:
Circumstances indicating that the domain name owner registered the domain name or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
The domain name owner registered the domain name to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name owner has engaged in a pattern of such conduct; or
The domain name owner registered the domain name primarily for the purpose of disrupting the business of a competitor; or
By using the domain name, the domain name owner has intentionally attempted to attract, for commercial gain, internet users to the domain name owner's web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of the domain name owner's web site or location or of a product or service on the domain name owner's web site or location.
:idea:

essexjet
03-01-2005, 11:53 PM
Sounds like it WW, I would go for it and prusue it further.

WetWillie
03-01-2005, 11:57 PM
Anyone know an attorney that deals with this stuff?? :jawdrop:

essexjet
03-02-2005, 12:00 AM
try these people internet law (http://www.cybertriallawyer.com/)

ROZ
03-02-2005, 12:36 AM
I want to buy a url that has been unused for the last 4 to 6 years. The person that ownes it does not use it and appears to have no intentions of using it?
Is there something wrong with owning something and not using it?

Rexone
03-02-2005, 02:00 AM
I think you can only force them to give it up if you have a legitimate trademark infringment claim against the domain name. If you just want it because of whatever or its the name of your biz or something that isn't trademarked I think you be up shitcreek. In the ***boat case I believe there was trademark infringment.