Trying to get hold of misspelling of a domain... but it's parked.

[gazraa]

Where would I stand on this:

My client has a .com domain for her name, she has had the domain since July 2006, but there is a common misspelling of her name (a single n instead of double n) which she now wants as a domain but it appears the domain was registered in July this year and parked which to my mind is someone registering similar misspellings hoping to get big bucks from the owner of the proper spelling.

I have sent an email to the whois admin contact, but I wanted to find out where I would stand in a case like this. Would my client have any right to this domain?

Being fairly new to this sort of thing too, any help would be appreciated.

 

[tifosi]

Without knowing more details it's hard to say.

But if your client is using her name&domain in a business sense - as a legitimate business, and the typo domain is actively playing off this in the use of the domain then I would say yes, there is case for pursuing this.

S

 

[Nikki]

Speaking in general, registering one domain name doesn't entitle anyone to exclude others from registering other domain names including misspelling one. This is except she can prove that she has common law trade mark/goodwill in the senior domain name. Then she can file a complaint to transfer the typo domain names to her. Is her name a common name? If so, it's very hard to prove. But if you can find bad faith in the typo one ie parking site or porno site, your chance to win is more.

I think you should advice her about general knowledge of domain name dispute. If she still wants the typo domain name, you can try contact the domain name owner or file a complaint.

Hope this helps

Nikki

 

[MediaCo]

Advice

At the risk of being lambasted by all and sundry, might I respectfully suggest that if somebody posts a message on this forum seeking 'advice' on how to obtain a domain name from an existing registrant without buying it from them, they are not a friend of yours and mine? Has it not occurred to anyone that such a person is the 'enemy' of a domainer and should not therefore be aided and abetted by members of a forum set up to help domainers?

Would you really hand a knife to someone who has designs on stabbing you in the back? Then why oh why would you readily give information to someone who wants to 'steal' a domain name from one of your own? Think about it. The person you are giving helpful advice to could be trying to steal a name that is registered to you. A name that you registered because you had the foresight to register it when the person now seeking advice, didn't.

I'm sure there is not a domainer using this forum who has not at some point purchased a domain name from an existing registrant for a sum far in excess of the original registration fee. Let these 'advice seekers' do the same, or at the very least, do not help them to load the gun that might one day be pointing at you!

 

[gazraa]

I never said my client didn't want to pay for the domain. All I was asking was if there was any legal reason why my client would have rights to the domain or not.

My first step was to email the domain owner through the contact details I could find for them asking what the fee would be to purchase the domain.

As I expected though I have had no reply.

I am not trying to get the domain for nothing, just merely finding out what options I have.

 

[Beasty]

If you have not had a reply, you can try asking Nominet whether they have any additional contact details that they will make available to you. Past experience can lead to people being understandably nervous when they get an email or letter about a domain - and the details on the WHOIS are not always acurate!

So if you can find a phone number and you start the conversation from the sort of position you are taking here, you may have more joy.

 

[Jordan]

If you have not had a reply, you can try asking Nominet whether they have any additional contact details that they will make available to you. Past experience can lead to people being understandably nervous when they get an email or letter about a domain - and the details on the WHOIS are not always acurate!

So if you can find a phone number and you start the conversation from the sort of position you are taking here, you may have more joy.

It's not a .co.uk, it's a .com so Nominet couldn't tell you much.

To take the domain by force (if you think you have rights) you would have to go to UDRP, pay a filing fee of $1500usd plus any legal fees.

 

[SF]

At the risk of being lambasted by all and sundry, might I respectfully suggest that if somebody posts a message on this forum seeking 'advice' on how to obtain a domain name from an existing registrant without buying it from them, they are not a friend of yours and mine? Has it not occurred to anyone that such a person is the 'enemy' of a domainer and should not therefore be aided and abetted by members of a forum set up to help domainers?

Would you really hand a knife to someone who has designs on stabbing you in the back? Then why oh why would you readily give information to someone who wants to 'steal' a domain name from one of your own? Think about it. The person you are giving helpful advice to could be trying to steal a name that is registered to you. A name that you registered because you had the foresight to register it when the person now seeking advice, didn't.

I'm sure there is not a domainer using this forum who has not at some point purchased a domain name from an existing registrant for a sum far in excess of the original registration fee. Let these 'advice seekers' do the same, or at the very least, do not help them to load the gun that might one day be pointing at you!

Well said .................