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Can I obtain a domain name (.com) if a cyber-squatter is not using it and I plan to make a company with that name?

Morgan Hill, CA |

I am trying to establish a reputable web-based business and the domain name is a very important first step. Unfortunately. A domain management company has registered it but it has never used it. Would it be possible for me to obtain these domains if I file for a business that uses that name?

Attorney Answers 3


  1. Best answer

    A person is not a cybersquatter simply because he registers, but does not use, a domain name. There is nothing unlawful about that practice and, in fact, is a very good business practice for reputable companies who want to preserve future branding efforts or to prohibit a competitor's future branding efforts.

    A person is only a cybersquatter if he registers a domain name that is, or is confusingly similar to, someone else's ALREADY-EXISTING trademark.

    Someone has already registered the domain name that you want to use to name your business. So either buy that registration or pick a new name. Good luck.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.


  2. That strategy will not work in this case. Your best bet is to make an offer to buy the domain from the current owner. Also, see the link I have provided below for other strategies. Best of luck to you.

    Free consultation. Direct line- 855-637-0938 .24/7. Video/Phone/In-Person. aalok.sikand@gmail.com. I provide my clients with honest, thoughtful advice and diligent, vigorous representation in a number of practice areas. I serve Ventura, Los Angeles, Orange, Santa Barbara and San Diego Counties. I wouldn't take any of my answers on avvo.com as legal advice since there are still too many factors that need to be discussed before I can give you a reliable opinion.


  3. I agree with my colleagues: If you want the domain name badly enough, you will need to pay for it.

    This information does not constitute legal advice and does not establish an attorney-client relationship.

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