Could I legitimately register this domain?

comfysofa

Hi Blacknight,

I wanted to ask you what might be an obvious question if that's okay.

I have a company (ABC Limited) and I want to set up a new website, calling it something like (let's say) "Random Word". I've searched for my domain names on your site (RandomWord.ie and WordRandom.ie) and they're available, so no problem.

There is however a different company who has registered the business name "Random Word", but they haven't taken the .ie name.

If I were to registered the business name "Word Random" or "Random Word Ireland" would I have a legitimate claim to the domain name "RandomWord.ie"? I realise that I could never say "ABC Limited t/a Random Word", but that's minor - it's really the .ie that I want.

I thought I'd better check with you before I register anything.

Thanks a million,
comfysofa

Ps: Registeredmy first .ie domain with you two weeks ago and very impressed with your prompt service! Thanks!

Random

once you reg the business name and the domain is free you can reg it.

mneylon

If the domain is available ie. nobody else has registered it and you can register it

If you do not have a registered business name that is close to the name you could probably get it under "discretionary", provided that you had supporting documentation

comfysofa

Blacknight wrote: »

If the domain is available ie. nobody else has registered it and you can register it

If you do not have a registered business name that is close to the name you could probably get it under "discretionary", provided that you had supporting documentation

Great - thanks folks. So even if I don't have the exact business name registered I should still be able to get the .ie names with a similar business name.

mneylon

comfysofa wrote: »

Great - thanks folks. So even if I don't have the exact business name registered I should still be able to get the .ie names with a similar business name.

Yes - though if you can justify it you wouldn't even need a similar name if you had a good supporting letter

For example, we registered a number of "hosting" domains - as it's a service we offer ..

dollydishmop

Blacknight wrote: »

If the domain is available ie. nobody else has registered it and you can register it

If you do not have a registered business name that is close to the name you could probably get it under "discretionary", provided that you had supporting documentation

Devil's advocate here...but what if, in the future, the business that did have that exact name registered with CRO etc as their business name, wanted the associated .ie domain?

Surely they would have a stronger argument over the right to use it?

mneylon

dollydishmop wrote: »

Devil's advocate here...but what if, in the future, the business that did have that exact name registered with CRO etc as their business name, wanted the associated .ie domain?

Surely they would have a stronger argument over the right to use it?

No they wouldn't
That's what's called a "reverse hijack"

dollydishmop

That's disappointing to read.:( I had hoped that .ie domains were less vulnerable to hijacking of any kind. :eek:

So if my RBN was Dolly Dish Mops for instance....someone else could still register DollyDishMops.ie if they provided documentation that gave them a tentative link to either Dishmops or someone called Dolly....and I wouldn't have a leg to stand on if I wanted that domain, but they got in first....not how I understood the .ie system at all

mneylon

dollydishmop wrote: »

That's disappointing to read.:( I had hoped that .ie domains were less vulnerable to hijacking of any kind. :eek:

Sorry, but I think you've misunderstood how it works

dollydishmop wrote: »

So if my RBN was Dolly Dish Mops for instance

An RBN doesn't confer much in the way of rights. You'd need to do more than simply register it. If you do a search on the cro site for any number of franchise names you'll find multiple registrations from different entities

dollydishmop wrote: »

....someone else could still register DollyDishMops.ie if they provided documentation that gave them a tentative link to either Dishmops or someone called Dolly....and I wouldn't have a leg to stand on if I wanted that domain, but they got in first....not how I understood the .ie system at all

It's not that simple

If you have a legitimate trading name and have established usage / rights in the name then you could dispute a registration.

BUT

Your usage etc., would have to predate the domain registration

For example, if I had registered a domain name a year ago and then you setup a company now you wouldn't have any right to the domain name.

Conversely, if someone registered a domain in bad faith ie. simply to get traffic etc. that might have been directed to your site they could lose the domain

Have a look at some of the previous disputes:

http://www.iedr.ie/index.php?option=com_content&view=article&id=75&Itemid=91