Domain name expired and register by someone else is it legal

504 votes

Although as per the WIPO requirement you have to renew your domain name with in the span of Six month from the date of expiry. If any person fails to renew the same with in six months, so then the said domain name is available for general public and any one can get the same registered in his name. But WIPO (World Intellectual Property Organization) if any person have grievance then a person can file a complaint with WIPO.
Special protections are provided by WIPO to famous marks.

Advocate Varun Singh Ahuja LawRato

609 votes

Perfectly legal and even more so, perfectly legit to do so. But check under terms of use, if there is any provision where your domain registration provider fail to give you reminder or any redemption period, if so than only you can go legal proceedings against the service provider. Do note, almost every domain registrar has to provide a redemption period to the previous owner (even when the domain has expired) for them to get it back. If owners don't renew within the redemption period (a more costly affair vs the simple renewal), chances are, the original owner is not interested and domain is available for sale to anyone.

If domain is important and crucial for you than only option you have is to negotiate and another route can be possible if you have Trademark registration of your company and valid incorporation. To exercise second option we need detail discussion and paperwork.

Advocate Nischal Arvind Singh LawRato

801 votes

Friend,
You have not mentioned w.r.t the time which has elapsed between expiry of the domain name in question and its registration by a new party.
We can file for con donation and try to reclaim it if you can give the details.
Regards

Advocate Rishi Kulshresth LawRato

914 votes

Hi,

If the same is registered by someone else after expiry of yours one, then it is not illegal. From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Advocate Ganesh Singh LawRato

901 votes

It will be illegal/against law since the company, who was the prior registered and user of the said domain name, will always have a better right. Subsequent user will have no right on the said domain name.

Advocate Shashi Pratap Ojha LawRato