Legal Question in Technology Law in California

Reverse-Domain-Name-Hijacking

I registered a domain name (.com) several months prior to a large company registering the (.net/.org) version (same spelling). I just discovered they have launched a product of that name, and have applied for a TM. Are they planning to file a UDRP to steal the name from me? I have a developed site up; due to the specific nature of the name, it falls within a reasonably close field, so confusion is possible.

If I would like to sell them the name, what's the best way to approach it without showing "bad faith" (which clearly wasn't the case since I had no knowledge they would ever use such a name, or TM it, when I conceived of the name). Send them a cease-and-desist?


Asked on 10/08/00, 3:41 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Reverse-Domain-Name-Hijacking

If you really had the name first (and there will be accurate records to show when you registered the name), then they can't take it from you. There should be no problem offering to sell them the name.

All of this assumes that the company wasn't already using the name when you came along. If they were using the name XXX and you registered XXX.com, they might be able to come after you and you might get into trouble for trying to sell your URL to them.

As you can see, the answer here depends on some details which I don't have. Do feel free to contact me if you want to discuss the specific facts of your case.

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Answered on 11/05/00, 6:52 pm


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