Parents had their domain, how to recover? [payment dispute] [web hosting company]

Q: My parents own a business, and she originally had a domain that is [company name]. Com. They had a pay dispute with their (they claimed they have not received payment), and the company would not release the domain. Then paid to the host for the domain name get free, but when they tried to register with another host, they said that the first host had not released the domain. So they were caught between the two, and a few days later, the site turned into someone else 0.

Its been a few years ago, but is there a way to recover it? They have their company name (which is also the site name) registered as a trademark in both Canada and the U.S. They are a Canadian company and the other site is a U.S. company business.

Thanks, if you can help any .


Re:Originally posted by: guy
unfortunately Trademarks mean nothing in the world of internet sites. Some smart rich people bought all sorts of common .com names and hold them until they receive a good price. Gotta buy the name yourself and not mess with web hosting people then you don't have to worry about it.

Balony. In fact, ICANN's Uniform Dispute Resolution Policy or whatever they call it, specifically gives preference to legal trademark-name holders, IIRC.


Re:guy is basically right. It's gonna take a while and be very very expensive to do.

To note on montag's comment about if your name was "fred armani" you'd get the domain… Think again:

http://www.nissan.com/

Pathetic. That judge should be thrown in jail.


Re:We can all blubber but the problem would not be solved by us.

If it is really important your parents should seek legal advice from a low firm that is specializing in these issues.

I only thing that I can add is that the longer they wait the less is their chance to get Justice.

:sun:


Re:squatting is not illegal.

Also, there have been cases where companies have sued for copyright infringement because someone has taken a .com that is obviously not going to be used – just invested in!!
Unfortunately, these companies have won, as their names are copyrighted, ie ARMANI etc etc.

BUT if say your name was fred armani and you bought that domain, then you had a legitimate right to it.
The fact that the domain changed hands years ago means it is unlikely [i would think in my non-legal mind] that your parents will get it back. Why didn't they start action years ago if it was so important? That would be the main question


Re:Originally posted by: Nik

Originally posted by: guy
unfortunately Trademarks mean nothing in the world of internet sites. Some smart rich people bought all sorts of common .com names and hold them until they receive a good price. Gotta buy the name yourself and not mess with web hosting people then you don't have to worry about it.

Squatting is illegal.

Really?


Re:Originally posted by: guy
unfortunately Trademarks mean nothing in the world of internet sites. Some smart rich people bought all sorts of common .com names and hold them until they receive a good price. Gotta buy the name yourself and not mess with web hosting people then you don't have to worry about it.

Squatting is illegal.


Re:unfortunately Trademarks mean nothing in the world of internet sites. Some smart rich people bought all sorts of common .com names and hold them until they receive a good price. Gotta buy the name yourself and not mess with web hosting people then you don't have to worry about it.

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