Guys,

Do you guys know where on the internet it help explain my issues so I can present this to my attorney?

I currently own domain name, testing321.com... a company in California just registered the their company name with the state called: testing321,com, inc. Now they are telling me that they own the domain name because that's their company name.

Any Icann website can help me with this problem guys?

posession is 9/10 of the law. As long as you owned the domain name prior to them registering their name with the state you shouldn't have a problem pleading your case. However, they could keep dragging you into cour in an effort to bankrupt you and force you to give up the domain for financial reasons. That's just one of the suddle tricks of the court system trade.

That doesn't make any sense! 9/10 of 2006?

I can just go ahead and registered a company called microsoft.com, inc in whatever states that and take over the domain name: microsoft.com? that doesn't make any sense...

Tell em to go ahead and sue you. They've got nothing. There could be a company registered in every state called Testing321, until someone actually trademarks it. Even then, you've got squatter's rights.

Now, the time I owned ebayserver.com ...... they didn't like that. :)

That's a nice phrase, but untrue.

Check http://www.icann.org/ for general information and http://www.icann.org/udrp/ for specific information regarding domain disputes.

In general terms, the entity raising the dispute must show particular information about the use of the domain by the current domain holder.

NOTE: You should check with your own cousel before accepting the advice of anyone on a public forum.

Without knowing all the details of this situation, if the company you refer to has just registered themselves as an active entity, is not well known (like a celebrity, for instance), and there is no evident confusion between your purpose for the domain and their company operations, it would be difficult for them to get the domain turned over to them by ICANN should they raise the dispute there. You should, of course, check with an attorney and provide all the details of the situation, including any communications from the other party, to that attorney if it comes down to a legal dispute.

right, even if they are God, but if you use their name after the are popular in a wrong way, for instance, do a porno site after their name, animal porn or something... but if it's just a simple webpage, or even a parked page at sedo...

Thread moved to Domain Name Forum.

Quite frankly you have nothing to worry about if testing123.com was registered before testing123.com, inc. All the testing123 US trademarks are dead, so they cannot sue you under trademark law. Their only recourse is to pursue you thru UDRP to get the domain. they will lose that case also. My advice would be to simply ignore them. I'm not a lawyer, so you might want to run my advice by your lawyer.

Google the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform
Dispute Resolution Policy (UDRP). You can also check www.chillingeffects.org under
trademarks and domain names for more info.

If you're US-based, you might want to retain an attorney who eats these things
BLD (Breakfast, Lunch, Dinner). A criminal lawyer can't help you with a civil case like
trademark infringement unless s/he specializes in that also.

Where are you based, anyhow?

USA Based, and domain name was definately registered before the , inc itself...

I will run this over with my lawyer, but I just thought i asked...

how soon did they contact you after registering the company?

I think it would be obvious to the court that they registered purly to take your name.

I will run this over with my lawyer

WRONG idea. As Dave pointed above, you must contact the lawyer whose specialisation is domain names. My personal recommendations would be:

John Berryhill, Ph.d., Esq.
4 West Front Street
Media, PA 19063
(610) 565-5601
(267) 386-8115 fax
john[AT]johnberryhill[DOT]com

Howard Neu
http://www.neulaw.com
1152 North University Drive
Pembroke Pines, FL 33024
954.431.3990 Voice
954.431.5113 Fax
Howard[AT]neulaw[DOT]com

Ari Goldberger
http://www.esqwire.com
p: 856.874.9651
f: 856.874.9182
ari[AT]esqwire[DOT]com

Stevan Lieberman
Greenberg & Lieberman, LLC
http://www.aplegal.com/
Toll free 888-275-2757
Skype: stevanlieberman
p: 202-625-7000
f: 202-625-7001

Steve Sturgeon, MBA, JD, Esq.
Sturgeon Law Group
Domain-Name-Lawyers.com
700 12th Street NW, Suite 700
Washington, DC 20005
Toll Free
(202) 393 4299 Voice
(202) 478 0786 Fax
shs[AT]DomainNameLawyers[DOT]com

Good luck!

I think it would be obvious to the court that they registered purly to take your name.

Without further details, there's no way to be certain what's really going on other
than what has been provided so far.

I wouldn't really blame ti_nhatrang for checking with his lawyer first if he trusts her
or him that much. Hopefully that lawyer knows this stuff.