Fun Friday afternoon topic: domain name disputes

[Dermot]

On 5 February 2010 14:28, Elizabeth Mattijsen <liz at dijkmat.nl> wrote:
> On Feb 5, 2010, at 2:29 PM, mirod wrote:
>> I figured some of you might have some information about this: I have a friend
>> who owns a small company. She has a web site, with the .eu suffix, but would
>> like the .com one. That domain is owned by someone in the UK, who is not using
>> it (its parked on a US server that seems to advertise it as for sale). They are
>> offering to sell the domain... for several thousand pounds. Actually they first
>> wanted to sell it for that amount, then said that someone else was interested in
>> buying it and that even at that price they could not sell it.
>>
>> My friend owns the trademark for the name in Europe, the US and Asia. It is a
>> very distinct name and a Google search on the name returns only hits related to
>> her product.
>>
>> So it looks like a clear case of cyber-squatting to me.
>>
>> I am not sure what she can do about it though. It seems like the only solution
>> is to go to court, and there have been very few cases that went to trial.
>>
>> Does anyone have a suggestion on the course of action that might best get
>> results? I fully understand that not everyone here is a lawyer (and the ones who
>> are probably wouldn't admit it ;--), but maybe someone has been in that
>> situation before.
>

I tend to agree, court proceeding are hellish and costly. However
legal costs are "usually" picked up by the loser in the case. The
alleged squatter will probably be aware of this. It might be worth
your friend spending an hour with a lawyer that specialises in domain
disputes. If the lawyer is persuaded that the case is clear cut, an
initial letter to the opposite side might make them more flexible.
Dp.