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I am the author of a quite popular weather software - YoWindow. Our website is http://yowindow.com Today I have found out that some person has registered http://yowindows.com domain, the difference is in "S" at the end.

Now he is trying to sell our product as affiliate on this page.

I have absolutely no knowledge in the field of domain name legislation. So I ask you for help.

I wonder if we can take away the domain from the person. Can we claim the domain ownership to us, to avoid this happening in the future?

YoWindow is US registered trademark. And there are no any other product with the name YoWindow in the world. So we can prove our rights to the name.

Pasha

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    Some of your answerers are very hopeful for your chances in this fight, but as someone with some experience with trademark and domain issues personally, I can tell you the waters are pretty muddy, and it's not as simply as it may seem to fight for domain IP with your trademark. Sometimes it can come down to who has the most resources to pay lawyers. But definitely try to pursue the suggestions that have been made.
    – Joel Glovier
    Commented Jul 13, 2011 at 4:47

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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:

  1. Contact the affiliate service (Plimus) and ask them to blacklist the affiliate. (They may refuse.)
  2. Contact the domain registrar of the rogue domain to explain your position and trademark.
  3. 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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  • Dear Nick, I did not expet such a professional response. Thank you so much for your expertise!
    – Pavel
    Commented Jul 13, 2011 at 18:10
  • After I have made an attempt to file a complaint to National Arbitration Forum I have find out that it would cost me $1300 at least. secure.arb-forum.com/ddfiling/default.aspx?Ruleset=UDRP Click "How is calculated" link at the bottom of the page. It is way too much expensive. Is this way way it should be? Is there any way to file a complaint for free or for moderate money?
    – Pavel
    Commented Jul 13, 2011 at 18:16
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    @Pavel You're effectively hiring a trained legal advisor to resolve the dispute for you, so it tends to be expensive. I would suggest contacting the domain registrar, the hosting company, and the affiliate service to ask them to close the account of the affiliate if you think they're doing something wrong. The affiliate could simply register 'buyyowindow.com', 'yowindowz.com' etc., so you could find yourself fighting a never ending (and expensive) battle. Consider approaching the affiliate directly, blacklisting the affiliate, or discontinuing your affiliate service altogether if you need to.
    – Nick
    Commented Jul 13, 2011 at 22:31
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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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