: Interesting domain name fraud - can we get domain back from the fraudster? I am the author of a quite popular weather software - YoWindow. Our website is http://yowindow.com Today I have found

@Harper822

ICANN has an official procedure for resolving disputes in the event that "a domain name is identical or confusingly similar to a trademark or service mark in which [you have] rights".

You can submit a complaint to one of ICANN's approved dispute resolution service providers if you wish to gain control of the other domain.

You might also wish to:


Contact the affiliate service (Plimus) and ask them to blacklist the affiliate. (They may refuse.)
Contact the domain registrar of the rogue domain to explain your position and trademark.
Register domains for variations of your trademarks in future.


Alternatively, you might find that an affiliate selling your product in this way actually improves your sales, in which case I would be less likely to complain.

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@Sarah324

Disclaimer: I am not a lawyer. You should always seek professional advice on legal matters and not rely on unknown random people on the Internet.

If you did trademark "YoWindow" and they are attempting to capitalize from your trademark you do have legal recourse to take that domain from them.

This page looks like it has a lot of good information about this subject (emphasis mine).


Question: Isn't the domain name registration process "first come first served"?

Answer: In .com, .org and .net, which are "open" to any kind of
registrant, the policy is first-come, first-served, as long as you
have registered and used the domain name in good faith or have
legitimate interests in the domain name. However, you have no right to
violate trademark law, or ignore your Registration Agreement, or
engage in cybersquatting just because you registered the name first.

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