Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I own the trademark [xyz]. I recently, due to an email mixup, lost the legal ownership to my website [xyz.com ]. Is there a specific statute that protects my ownership of this particular domain, and can I force the buyer to sell it back to me?”If you do indeed hold the Registered Trademark on that name, under the rules of the Internet Corporation for Assigned Names and Numbers (ICANN), it is possible to force a “cyber-squatter” to give your domain name back to you. Many cyber-squatters are parasites looking to make money off your domain name. They skulk around domain registries watching to see when domain names expire and try to take advantage of a lapse in a domain name registration, hoping they can capitalize on any existing traffic to the site, or maybe just shake you down for some money to get it back.
Question: Many of the early cyber-squatting trademark cases were resolved (usually in favor of the trademark holder) through lengthy and costly lawsuits. But under an ICANN policy called the Uniform Dispute Resolution Process (UDRP), there is an expedited administrative procedure to resolve such disputes without the cost and delay of court litigation. To learn more about the UDRP, visit: http://www.icann.org/faq/#udrp
