Legal Question in Intellectual Property in New York

I am sorry to hear about your situation. Unfortunately, domain squatting is a common occurrence. The intellectual property at issue is not copyright, but rather trademark. In other words, the primary issue is whether or not you have actionable rights in your trademark "FIXEDMORTGAGE.COM." Demonstrable use of trademark is the key to enforcement. So while your ownership of the corporation is evidence of such use (or a federal trademark registration), you will have to look to the history of your use of the site and its visibility on the net as well.

Secondly, the procedural mechanism that you may want to use is a so called Uniform Dispute Resolution Policy/Proceeding or UDRP. This is a streamlined arbitration policy that looks to potentially award and transfer a domain name to the user of a trademark that corresponds to such domain name.

You can read more about that proceeding here: http://www.icann.org/en/udrp/udrp.htm.

I hope that is helpful, and if you need further counsel please feel free to contact our firm.