I am part of a organization that has existed for 2 1/2 years and is currently filing for 501(c)3 non-profit status. I looked to see if the .org for our acronym was available (it's what we are commonly refered to by). It turns out that an organization called Popular Enterprises has had it registered for the last 3 years.

On their website, it says they will not sell their held domain names, but that they will transfer them for holding costs if you can prove a legitimate claim on the name.

In September I emailed them to find out what would be involved in acquiring the domain name. I received no reply. I waited and then emailed them again. I then received a one line email stating the domain was not for sale.

I replied, noting that their website and my previous email noted it was not for sale, but could they please give me more information on their transfer policy. No reply from Popular Enterprises.

I tried emailing again and have subsequently left 3 phone messages with them as well (answering machine only--no human). I have not received any response.

I would like to use this domain name, as I believe our organization has a legitimate claim to it and Popular Enterprises does not even use it (it loads their Netster.com home page).

Any ideas how to get a human at that company? Anyone have any other experiences with them? I'm not sure I'm up for the whole ICANN dispute process. What can I do?

Thanks for any and all help.

send them a fax or letter ?

PopularEnterprises LLC
Administrator@PopularEnterprises.com
5201 Kingston Pike Suite 6301
Knoxville, TN 37919 US
+1.4075409360
+1.4075409360 (FAX)

I wouldn't go down the legitimate claim route just yet unless you have a trademark.

They will only put the price up.

They are a massive domain company and very good on the legal side ........ they are even taking on Verisign :

http://www.circleid.com/article/268_0_1_0_C/

They primarily register typos and probably won't sell the domain. All of their domains are forwarded to their PPC searchengine.

Originally posted by bagelche


On their website, it says they will not sell their held domain names, but that they will transfer them for holding costs if you can prove a legitimate claim on the name.

In September I emailed them to find out what would be involved in acquiring the domain name. I received no reply. I waited and then emailed them again. I then received a one line email stating the domain was not for sale.


I would like to use this domain name, as I believe our organization has a legitimate claim to it and Popular Enterprises does not even use it (it loads their Netster.com home page).



I think by "claim" they mean they mean *legal* claim ie hire a lawyer if you have a trademark covering it etc or make them an offer for the domain. Given you say the domain was registered 3 years ago yet your org has existed for 2 1/2 years it would seem perhaps there may not be a legitmate claim here.

Just because they have a search page on it doesn't mean they aren't using it that is what they use domains for.

I think you can forget about that domain. Sorry but those guys are good and have owned it longer than your company has existed.

Well, obviously it's an uphill battle, but the way they're (not) going about it rather annoys me.

Their site states that they acquire the domains by some sort of algorithm and not through any cognizent selection. It then goes on to explain that while they don't sell their domains, there's a process in place if you feel you have a reason to claim that name.

In other words, they state they have no specific claim to the name, and that they are willing to transfer it to someone who does have a claim on the name.

Based on that, it shouldn't matter that they registered it before my organization exists. According to them, if I have a claim to it, I have a claim to it and they'll transfer it. They're presumably out to make a buck on it, even though they don't "sell" domains. Surely, they must have dealt with these issues plenty of other times and have a process in place. So, why then, aren't they willing to even hear me out? Perhaps I'm willing to pay what they would want for the domain.

I don't see what the advantage is for them to not even reply. Why not simply act on their stated policy and if they don't buy into my claim, well there you go. But this sort of massive wall of inaction irks me greatly.

Thanks for the replies.

"anything you do say my be given in evidence"

They do banks to : www.lloydtsb.com theirs www.lloydstsb.com real bank

File a case if you really think you can win. ICANN has policies set in place for this.

Make an offer you would think is worth their time to respond to, otherwise I would ignore it as well in their position.

Originally posted by bagelche


In other words, they state they have no specific claim to the name, and that they are willing to transfer it to someone who does have a claim on the name.

Based on that, it shouldn't matter that they registered it before my organization exists.
I don't see what the advantage is for them to not even reply. Why not simply act on their stated policy and if they don't buy into my claim, well there you go. But this sort of massive wall of inaction irks me greatly.

Thanks for the replies.

This seems to be your own watered down interpretation of what they state, here is what they actually say,

"Release of a domain will be approved PROVIDED you can supply a federally registered trademark for the domain. We will not risk releasing a domain to someone who does not have a legitimate claim to a name."

http://popularenterprises.com/inquire.html

so do you have a federal trademark covering it? and how do you get around the fact that they have been using the term longer than your organisation?

I can completely understand why they have ignored your emails, it would appear from the information we have so far that your claim is not legitimate.

There are billions of potential domain names available. Use one of them.

and lots of extensions too: .ws, .cc, .tv :)