Home – New Forums Starting your journey business name available but domain name parked and for sale!

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  • #986661
    L.H.C
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    • Total posts: 6
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    Hi everyone,

    I am considering a business name that is available to register as a company, but the domain name has been taken and is currently for sale (make an offer).

    My question is, If I register the business name – am I entitled to ask the owner for the domain name without having to pay? or is there a process to take?

    The domain name is a .com.au.

    I am a little confused as I thought you had to have some connection to secure a .com.au domain name… This owner is sitting on at least 2 similar named domains and is doing it to sell them obviously.

    In an ideal world… I really would like the company name and get a trademark… in this instance would I be guaranteed the domain name if you have a trade mark.

    Sorry for probably a silly question, but I get really confused with the law regarding domain name and company name rights…

    I would really like to know before I register a company name and cant secure the .com.au …. As usual, the .net.au is available but I would want the .com.au and .net.au before committing.

    Thanks in advance and look forward to your feedback!

    Simon.

    #1158938
    Ashman
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    My suggestion is to buy the domain name. Just because you want it doesn’t mean your entitled to it by way of having the same or similar company name.

    Someone else was just faster than you at registering it. Welcome to the world of capitalism.

    By the way how much do they want for it?

    #1158939
    Hatching_It
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    • Total posts: 414
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    Check for existing trademarks. If you are the first to register it and also have the company name you can claim it which would be involved in sending them a letter stating your claim and possibly moving to court.

    The easier way is to talk to them and find out how much they want and then decide from there. You never know, they may only want $100-$500 bucks which would be cheaper than getting a lawyer to write a letter.

    #1158940
    AmberS
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    • Total posts: 66
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    If you want it, you’ll have to pay for it, so it depends on how much it is worth to you…

    It may be easier to choose a new business name that has an available domain, as a matching brand name and domain is massively important these days. Other things to check on are all the social media channels – can you get your business name on them all?

    My advice is don’t fall in love with a business name before checking domain, social and trademark availability.

    Amer

    #1158941
    JacquiPryor
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    In an ideal world… I really would like the company name and get a trademark… in this instance would I be guaranteed the domain name if you have a trade mark.

    Guaranteed? No.

    Firstly, if it is a .com.au then yes, there must be some association to the business holder. If you don’t think the current holder meets the eligibility criteria you could contact and/or make a complaint through the auDA. If the holder is not eligible, and cannot fix that up to be eligible the domain may be removed from them. And, also read up on the auDA monetisation rules. You are not supposed to register a .com.au just to sell it. (Of course, they may have had legitimate need for it originally).

    The process of having a .com.au transferred to you – even if you are the trademark holder can be difficult. You need to establish several factors, which are hard to do.

    Check for existing trademarks. If you are the first to register it and also have the company name you can claim it which would be involved in sending them a letter stating your claim and possibly moving to court.

    This is not actually correct. Being the first to register a trademark does not necessarily mean you can stop anyone/everyone else from using that name. There’s more to it than that. As just one example, if the other person can demonstrate use of the name before you first used it or registered it, then, there wouldn’t be much you could do in terms of trademark infringement; their prior use would be a defense.

    My advice is don’t fall in love with a business name before checking domain, social and trademark availability.

    Well said!
    (When you register a business name, ASIC will actually prompt you to check trademark availability).

    #1158942
    Robert Gerrish
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    • Total posts: 1,274
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    Another wonderful, thorough and generous response from a community member.

    Thank you Jacqui!

    Robert

    #1158943
    arrowwise
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    To be safe it’s best to register a different domain name that you can purchase and match against your chosen business name. If some-one already has registered your ideal domain name, there is no guarantee you can obtain it.

    #1158944
    Cats
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    • Total posts: 85
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    I’d actually ask what they want for it. Forget ‘make an offer’ as that could vary greatly, so just ask up front.
    You also said the .net.au is taken so put it into the address bar to see if anyone is actually using it as that may change your mind too, depending on what it is being used for.

    Sometimes you may have to pay to have what you want. If you are not happy to pay for the domain name, move on and find another name that is just as good if not better.

    You are not as others have advised, automatically entitled to it and in any case getting a TM can take 6 months or longer. I have recently done 2 myself and I think it took about 8 weeks to get the initial ok and then I think they were under review for around another 6 months.

    Cat

    #1158945
    bluepenguin
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    You can do a whois search and find out when the domain is due to expire. Just Google “whois au”.

    Someone had the .com.au I wanted when I started my business, so I had to settle with the .net.au, which did the job but was a compromise. After a couple of years the other business shut up shop and I contacted the the owner asking them how much they wanted for the domain. They said they’d get back to me, never did, and a couple of months later the domain was available. It cost me all of $9.95.

    #1158946
    LucasArthur
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    bluepenguin, post: 183477 wrote:
    You can do a whois search and find out when the domain is due to expire. Just Google “whois au”.

    Someone had the .com.au I wanted when I started my business, so I had to settle with the .net.au, which did the job but was a compromise. After a couple of years the other business shut up shop and I contacted the the owner asking them how much they wanted for the domain. They said they’d get back to me, never did, and a couple of months later the domain was available. It cost me all of $9.95.

    Yep,

    You certainly dont want an endangered bluepenguin caught in a net do you? LOL.. sorry, humour is NOT my forte!

    Cheers
    Jason

    Jason Ramage | Lucas Arthur Pty Ltd | E: [email protected]   P: 61 3 8324 0344    M: 61 412 244 888
    #1158947
    Divert To Mobile
    Member
    • Total posts: 2,751
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    Hi Simon,

    You cant force the domain away unless you can prove 3 criteria (which you can find in the AUDa conflict resolution policy)

    IMO, contact them and make an offer.
    Negotiate until you can find a figure your both happy with.
    Otherwise use a different domain name.

    Steve

    #1158948
    MichaelDigital
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    • Total posts: 140
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    Actually there are several issues here.
    1. Why must you have the .com.au-for international exposure, or even local the .com is fine-the .com.au does not provide much SEO local benefit.
    You need an ABN to register a .com.au OR .net.au. I have several Australian sites with .com no problems. We have just been conditioned to think we need the .au bit on the end.

    Domain names and business names are entirely separate-there is no claim on a domain name just because you have a similar biz name; there is a huge market in domain name sales, they can be worth millions.

    I would try the .com version of your name, much cheaper and less officialdom, but you will follow your own judgement.

    #1158949
    victorng
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    • Total posts: 626
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    JacquiPryor, post: 183408 wrote:
    As just one example, if the other person can demonstrate use of the name before you first used it or registered it, then, there wouldn’t be much you could do in terms of trademark infringement; their prior use would be a defense.

    And they don’t even have to have used the domain name. One thing you have to prove to succeed in a .au domain name dispute is bad faith registration or use. If they’re not using the domain and they registered it before your trade mark registration, you can’t prove bad faith registration or use.

    bluepenguin, post: 183477 wrote:
    You can do a whois search and find out when the domain is due to expire. Just Google “whois au”.

    For .au domains, the expiration date won’t show up in the Whois records. This was changed some years ago after one too many scammer sent renewal notices to domain name owners with inflated prices.

    Cheers,
    Victor

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