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View Full Version : Surname Cybersquatting
Tokyo 05-29-2006, 12:23 AM My family's surname is quite rare. Though only four letters long, it is not an actual word, and perhaps only a few dozen people worldwide have the same name. I was able to get the surname's .net domain, but the .com domain is what I really want. Not for vanity, but because people who want to send me email sometimes mistakenly send to the .com domain out of confusion.
The problem: a cybersquatter, of course. In this case, a Korean guy whose WHOIS regsitration tags him as Ki Yong Jeong. When I emailed him about the domain name 5 years ago, he claimed (of course) that the domain name was "appraised" at a value of $10,000~15,000.
This guy has not used the domain for anything but a standard "Search" placeholder for all of that time, the kind you see all the time on domains not being used.
I know trademark holders have a recourse, but what about people with legitimate surnames vs. cybersquatters demanding exorbitant amounts and doing nothing with the site for half a decade? Is there something I can do without having to take this to court and costing me more in legal fees than it's worth? Or do the cybersquatters win?
Thanks for any info/leads.
KGIII 05-29-2006, 12:29 AM They tend to win unless you have money and/or trademark reasons that you can apply. If, perhaps, your family owned a business in the name... <g> You might want to look at that route but that's also problematic at times, you'll want to be prepared to demonstrate that the family business (and name) has been in use before the domain was registered.
As a side note, well, I'd not worry about it too much and if you're really concerned just about the email aspect then look into the .name extensions.
KGIII
Dave Zan 05-29-2006, 12:52 AM I know trademark holders have a recourse, but what about people with legitimate surnames vs. cybersquatters demanding exorbitant amounts and doing nothing with the site for half a decade? Is there something I can do without having to take this to court and costing me more in legal fees than it's worth? Or do the cybersquatters win?
Unfortunately no. Because it's tough to establish "rights" to a domain name more
than its current registrant, and only current trademark rights standards apply.
Not your fault, but you shouldn't have contacted the person in question. S/he now
knows someone wants the domain name, and will charge any fee s/he sees fit.
Let me guess: did you search for the domain, see it's available, but didn't take it
on the spot for whatever reason? Or did this person have it for quite a long time?
CD Burnt 05-29-2006, 01:09 AM how do you know it's not being used for email?
Tokyo 05-29-2006, 01:48 AM I got my .net domain back in the late 90's, maybe '96 or '97 or so, when I first found out about domain name registration. The domain was already taken by that time, though by someone in California. The next time I checked, at about the expiration time for the previous owner, it was in the possession of the guy who has it now. I never had a chance at it.
I don't think the person in question is hanging on to it just because I emailed five years ago; I made it quite clear that my budget was extremely low, and would not change. Even if he thought I was foolin', I doubt it would have made a difference. This guy is a for-real cybersquatter; I've seen his name in lawsuits over domain name ownership. And if I'm not mistaken, if you own thousands of domains, registration can be discounted to ridiculously low prices. If this guy sells even one out of a thousand domains every year, he'd make a profit.
As for email, I sincerely doubt it, as he's a cybersquatter and has a large number of domains. Is there a way I can prove it? Not that I'm aware of...
I'm pretty much resigned to never getting it, but it burns me that my family's name is being wasted by some greedy, freeloading parasite, and wanted to see if there was any recourse I hadn't heard of before.
Premier 05-29-2006, 01:53 AM Probably won't work, but if you're only concerned about the email to .com, ask if the owner would be interested in setting up a forwarder to handle the odd time when someone types .com.
If the owner is actually doing anything with the domain, or plans to, maybe they would prefer to do that for a small fee.
Amdac 05-29-2006, 01:57 AM I got my .net domain back in the late 90's, maybe '96 or '97 or so, when I first found out about domain name registration. The domain was already taken by that time, though by someone in California. The next time I checked, at about the expiration time for the previous owner, it was in the possession of the guy who has it now. I never had a chance at it.
I don't think the person in question is hanging on to it just because I emailed five years ago; I made it quite clear that my budget was extremely low, and would not change. Even if he thought I was foolin', I doubt it would have made a difference. This guy is a for-real cybersquatter; I've seen his name in lawsuits over domain name ownership. And if I'm not mistaken, if you own thousands of domains, registration can be discounted to ridiculously low prices. If this guy sells even one out of a thousand domains every year, he'd make a profit.
As for email, I sincerely doubt it, as he's a cybersquatter and has a large number of domains. Is there a way I can prove it? Not that I'm aware of...
I'm pretty much resigned to never getting it, but it burns me that my family's name is being wasted by some greedy, freeloading parasite, and wanted to see if there was any recourse I hadn't heard of before.
Almost every 4 letter .com name is taken. You can't take someone's domain just because it matches your last name. All you can do is offer to buy it, the rest is completely up to him. There are many names I want and I have backorders on them in case they expire. There's nothing else that can be done.
You're using the term "cybersquatter" incorrectly.
RajanUrs 05-29-2006, 02:20 AM he claimed (of course) that the domain name was "appraised" at a value of $10,000~15,000.
Most appraisals are over rated unless its a very popular special name. Four letter .com domains even sell for less than $50. Try and negotiate by hiring a broker or reseller without showing any interest in it for end use purpose.
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