How do I get a domain whose owner does not use it?

Contents:

1. How to get a domain whose owner does not use it: an introduction
2. Registration of a trademark (TM)
3. How to get the domain not used by the owner?
4. Advantages of applying to A4 Law Firm

How do I get a domain whose owner does not use it: an introduction

Lawyers often have to deal with a situation when business owners contact them about the legality of using someone else's domain names. As a rule, we are talking about domains whose owners have not used them for a long time. For example, the domain was registered to company X in 2003, and the site has been shut down since 2012. In fact, the domain name is not used in any way by the owner. An attempt to contact the owner of the domain and agree on its sale does not lead to anything. The question remains unanswered or the owner refuses to conclude a deal.

In this regard, the question arises whether it is possible to legally obtain a domain by registering a legal entity. We will tell you what steps can be taken for this within the framework of the current legislation.

Registration of a trademark (TM)

A domain name is a valuable asset in today's business environment. The domain name reflects the scope of the company and thereby makes the brand more memorable, helps users quickly find a site on the Internet. What if the eligible domain name is already taken? Current legislation allows you to challenge the registration of a domain using a trademark. He personalizes the product, including in the domain name. These issues are regulated by Article 1484 of the Civil Code. At the same time, according to statistics, more than 80% of domains belong to individuals and are not registered on the basis of a trademark.

Since October 4, 2010, a registered trademark has priority in litigation, even if the domain name was registered earlier. However, it cannot be said that the court will unequivocally side with the owner of the trademark. The domain name owner wins the dispute if:

1. The owner of the domain had no intentions to use someone else's trademark and business reputation for personal gain.
2. The domain owner works in a different business segment and cannot compete with the TM owner.
3. The owner of the domain does not violate the law and does not interfere with the activities of third-party business entities, including the owner of the TM.

If the situation does not fit any case, someone else's domain can be canceled through the courts, having a registered trademark. You need to prove that someone else's domain name is similar to your trademark, while the domain owner does not have his own TM. Also, the court will side with the plaintiff if the owner of the disputed domain commits bad faith. These include an attempt to conduct commercial activities and make a profit, using the similarity with someone else's trademark, the desire to resell a domain or rent it out at an inflated cost.

How to get a domain that is not used by the owner?

First of all, find out the information about the domain owner. If this is a company, then data on its activities can be obtained from open sources. For example, knowing the name of the business entity and its details, information about the work of the organization can be found through the website of the tax authorities. Further on the website of Rospatent you need to find the base "Trademarks of the Russian Federation". In it, you should check whether the trademark is registered for this domain. If the owner of the domain name has already registered his TM, then it becomes impossible to obtain the domain using the above method.

If the domain owner does not have a trademark, you should register a legal entity or register as an individual entrepreneur and submit an application to Rospatent to register your TM. This procedure can last from a year or more. Before receiving the registration certificate, it makes no sense to initiate a legal dispute on the transfer of the domain, since the priority in the court is valid only in relation to registered trademarks.

After receiving the certificate of Rospatent, the owner of the trademark receives exclusive rights to it. This gives grounds to send a claim to the owner of the domain with a demand to stop the violation of rights to someone else's intellectual property. In many cases, the owner of the domain already at this stage refuses to use the domain name. If this does not happen, the owner of the TM can send a statement of claim demanding to stop using the domain name due to its resemblance to someone else's trademark. The arbitration court deals with such cases.

If the judicial authorities decide to revoke the domain, the trademark owner is able to re-register the domain name to himself.

In case of disputable situations related to domain registration, we recommend that you contact the A4 Law Firm specialists. Through our extensive legal practice, we help business owners defend their intellectual property rights.