intellectual-property international trademark domain-name
Cybersquatter posted my domain for sale after I queried it - can I still file a UDRP?
<p>I'm in a situation where a cybersquatter holds a domain name that I have trademarked.</p>

<p>My company "Example Ltd" is based in the UK, and we've been established under our brand name for over 30 years.  Our brand "Example" is a unique made-up word, ie: you wouldn't find it in a dictionary.</p>

<p>We hold the trademarks for our brand name "Example" in many countries, including the UK and the USA.  We've held it in the UK for over 10 years, but were only awarded USA trademark a few months ago.</p>

<p>We discovered recently that someone in the USA has registered "example.com" about 17 years ago.  We own "example.co.uk", "example.fr", "example.com.au" and many other ccTLD's in this format.</p>

<p>I contacted the owner of example.com and opened negotiations for the domain, asking if he would consider selling to us, but he indicated he wouldn't consider less than $60,000 USD. </p>

<p>We decided to file a UDRP (legal claim) for the domain name and leave it to solicitors to claim the domain.  However, I've suddenly received an email from the owner saying that he's listed the domain name example.com for sale on Godaddy as a premium domain for about $60,000.</p>

<p>My question is, can I still file a UDRP now that the domain is listed for sale?  As a premium domain, I presume it's still owned by the original owner, hence we can take him to court if need be?  The price is extortionate and we own the IP, so I presume we can still claim it as cybersquatting?</p>

<p>Look forward to advice, keen to know if anyone has been in a similar situation.</p>

<p>If anything, I think posting it for sale and notifying you is more evidence of bad faith. File a claim - it can't hurt, and the quicker you let ICANN know there's a dispute, the better. It doesn't cost anything to file. <a href="https://www3.wipo.int/amc-forms/en/udrp/eudrpcomplaint.jsp" rel="nofollow noreferrer">https://www3.wipo.int/amc-forms/en/udrp/eudrpcomplaint.jsp</a>  (It costs a hearing fee of $1500 - $4000 if it gets that far, but file the claim as soon as possible.)</p>

<p><a href="https://www.wipo.int/amc/en/domains/" rel="nofollow noreferrer">https://www.wipo.int/amc/en/domains/</a></p>
