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How to return the domain

Started by JessicaJohn, Dec 02, 2022, 01:48 AM

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JessicaJohnTopic starter

Around 6 years ago, we experienced the theft of a domain name in the .fr zone. It seems that due to a missed payment, someone else registered the name.
Not long ago, we successfully registered a trademark using this name and we naturally wanted to reclaim the domain.
However, we faced several obstacles when attempting to contact the current owner. Despite our efforts, they remain elusive and demand an unreasonable price for the domain.
We have considered legal action, but the lack of available information about the current owner makes this difficult.
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Chiru

One possible solution if you hold a trademark is to pursue legal action through the court, but this process is often lengthy, tedious and costly.
Cybersquatters are active and profitable, quickly acquiring any available domain.
You have three options: pay a high price now for the domain, attempt to reclaim it through court with a 50-70% success rate (which could take years), or reconsider your branding and select another domain at a normal price.

In my opinion, the third option may be the best choice as having an impressive domain name no longer guarantees success. What matters more now is search engine optimization and marketing efforts, so it may be wiser to invest in promotion rather than an expensive domain name.
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logosoukignite

Having a registered trademark is the key factor in resolving any domain name dispute.
It is important to keep in mind that international domains can be renewed up to 10 years in advance, while national domains typically only allow for one year at a time. After registration, the domain will be deactivated for 30 days with an absence of mail or other functions.

If a domain remains inactive for an extended period, it may indicate that the domain registration has expired. However, it is still possible for the domain administrator to renew registration during this period. After a certain time frame, international domains will permanently disable and either sell the domain at a higher renewal price or delete it entirely.
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robnelson80

I'm not a lawyer, but I can offer some general suggestions that might help in your situation. In cases like this, it is often recommended to consult with legal professionals who specialize in domain name disputes. They can better guide you through the legal options available to you.

One possible course of action could be to file a complaint with the appropriate domain name dispute resolution service, such as the World Intellectual Property Organization (WIPO). They offer specific procedures to resolve disputes regarding domain name ownership. This process may require evidence of trademark rights and a legitimate claim to the domain name.

Another approach could be to hire a private investigator or domain name broker who specializes in tracking down elusive domain owners. They may have resources and techniques to locate and contact the current owner, increasing your chances of negotiation or legal action.

It's crucial to document all of your attempts to contact the current owner, including any unreasonable demands they have made. This information can be helpful in demonstrating bad faith or other relevant factors if you decide to pursue legal action.
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