Parents had their domain taken, how to get it back?

[clicknext]

My parents own a business, and they originally had a domain which was [companyname].com. They had a payment dispute with their web hosting company (they claimed they did not receive payment), and the company wouldn't release the domain. They then paid to get the host to release the domain, 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's.

Its been a few years since, but is there any way to get it back? They have their company name (which is also the website name) registered as a trademark in both Canada and the US. They are a Canadian business and the other site's company is an American business.

Thanks, if you can help any...

 

[S0Y73NTGR33N]

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.

 

[NikPreviousAcct]

Originally posted by: S0Y73NTGR33N
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.

 

[S0Y73NTGR33N]

Originally posted by: Nik

Originally posted by: S0Y73NTGR33N
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?

 

[montag451]

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

 

[JackMDS]

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:

 

[Xtremist]

JackMDS 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.

 

[VirtualLarry]

Originally posted by: S0Y73NTGR33N
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.