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View Full Version : Domain ownership and the ICANN


nkad
02-24-2004, 03:20 AM
There's a domain name I want, but it's taken. Now the domain does not point to any webserver at all. After doing a whois lookup I found that the dude had it since 1999 and it wont be expiring till 2008.. It seems that alot of people hold domains in hopes to sell them. Technically if the domain points to no content its really easy to get it from the owner. The only way I know how to do that is to file with the ICANN but I really can't afford to pay 500+ in cort fees to get it. Is there other metods? I know if i try to email the dude he will wana sell it or something (that always happens) I really dont want to wait till it expires, or to just find out that it gets renewed again.

banner
02-24-2004, 04:12 AM
Well unless the domain infringes on a trademark that you own, he is perfectly within his rights to hold onto the domain. Just because it does not point to a web server does not mean that it is not in some sort of use and anyways there are no requirements that a domain be active.

Your best bet if you want it now is to email him and make an offer on the remaining years. Maybe value it at $20/year left (or $80). That would at least show the current owner that you are semi-serious and doesn't come close the the $500+ that a complaint would cost (not to mention the fact that it's at least a decent way of trying to get the name). It's either buy it from him or wait, so if you want it now you may as well make an offer.

I hope this helps.

othellotech
02-24-2004, 07:57 AM
>>There's a domain name I want, but it's taken.

then pick another or contact the owner to see if you can purchase it

>>Now the domain does not point to any webserver at all.

why woul it need to - the web is just one part ofthe internet and domains can be used for a great many things ....

>>had it since 1999 and it wont be expiring till 2008..

10 year registrations, not uncommon we do a lot of those.

>>Technically if the domain points to no content its really easy to get it from the owner.

unless you can prove a trademark infringement or real justification in a UDRP claim and have the money to spend to even try, then you cant just "get it" unless you negotiate a price with the owner.

>>The only way I know how to do that is to file with the ICANN

under what grounds ?

If you want to register a domain pick one thats available
If you want an existing domain contact the owner to discuss a price

Just because you think a domain is unused or you want it doesn't mean you can get it ...

nameslave
02-24-2004, 11:15 AM
Your best bet is to forget it and move on. If the owner is willing to sell, you're lucky. Some simply don't even return a price at all.

amusive.com
02-24-2004, 01:18 PM
I know what you mean. One example is I wanted to buy my name -- jimreardon.com -- but a lawyer has it already and doesn't use it. He has it registered until 2007, too. Kind of sucks. Nothing I can do about it though, alas.

Acroplex
02-24-2004, 02:26 PM
Getting tired of hearing this all the time....so what's next, someone is born 20 years from now and demands a domain that's already been taken.

Bashar
02-24-2004, 04:21 PM
Originally posted by timechange.com
someone is born 20 years from now and demands a domain that's already been taken.

GOOD ONE!!! :rofl:

Research Names
02-24-2004, 05:28 PM
Just E-mail the owner.

nas7782
02-24-2004, 11:53 PM
Huh, that's a first I heard that ICANN can take away someone's domain for not putting it to use. In that case, spectators and the domain industry itself will callapse.

Really, you need to contact the guy and make an offer.

othellotech
02-25-2004, 09:08 AM
I heard that ICANN can take away someone's domain for not putting it to use


As long as they've been paid for it I doubt they'd *legally* be able to take it away from an owner simply through lack of use - you see a nice car in the street, it's unlikely Mercedes can take it away simply if the owners not using it :p

What consitutes "use" though ?

What many WHTers forget is that the web is *not* the internet
and using a domain does not mean having a website !

We have many domains which are used for specific purposes, but they dont accept email and they dont have a website etc.

nameslave
02-25-2004, 09:23 AM
Originally posted by othellotech
What consitutes "use" though ?

What many WHTers forget is that the web is *not* the internet
and using a domain does not mean having a website !

We have many domains which are used for specific purposes, but they dont accept email and they dont have a website etc.
EXACTLY!

Research Names
02-25-2004, 10:43 PM
Excellent points.

fiveohhh
03-02-2004, 01:51 AM
I've got a question on this same thing. I work for a travelagency named travelquest. and they're trying to get travelquest.com. The travel agency was started in about 95 and thats also when the domain was registered. We've tried calling the phone number and emailing the name on the whois info for travelquest.com, and the phone number has never been answered and we've called many times. and the emails don't get responded to. I did get a response to an email that I wrote to the same domain as the one that email for travelquest.com registered. but they turned our 1k offer down and wouldn't give us a price. I'm not even positive if they had legal ownership of the domain anyway since it wasn't the email on the whois. I'm curious if there is trademark infringement what can we do about it. the domain has not been pointed at anything in the past 10 years. Is there anything we can do to try and get the domain, or just stuck with not having it...

amusive.com
03-02-2004, 01:54 AM
Is travelquest a registered trademark? Was it registered as a trademark before the domain?

Acroplex
03-02-2004, 01:55 AM
Originally posted by othellotech
As long as they've been paid for it I doubt they'd *legally* be able to take it away from an owner simply through lack of use - you see a nice car in the street, it's unlikely Mercedes can take it away simply if the owners not using it :p

What consitutes "use" though ?

What many WHTers forget is that the web is *not* the internet
and using a domain does not mean having a website !

We have many domains which are used for specific purposes, but they dont accept email and they dont have a website etc.

Unfortunately it will be harder to convince a WIPO panel that you are actively use a domain name when there is no web site associated with it.

Acroplex
03-02-2004, 01:58 AM
Originally posted by amusive.com
Is travelquest a registered trademark? Was it registered as a trademark before the domain?

Domain was registered in 1995.

Trademark was registered in 1999: http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75635652

Try upping the offer; $1k is ridiculous for such a name. I'd say $10,000 - $15,000 would be more appropriate.

fiveohhh
03-02-2004, 03:11 AM
Originally posted by timechange.com
Domain was registered in 1995.

Trademark was registered in 1999:

Try upping the offer; $1k is ridiculous for such a name. I'd say $10,000 - $15,000 would be more appropriate.

ouch, thanks for the info its not nearly a big enough deal for us to spend that much money on it as 99% of out business is from word of mouth or paper advertising