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View Full Version : reclaiming a domain name that was purchaced fraudulently


liquidjoel
06-05-2006, 09:50 PM
Hello,


About two years ago I had sold a domain as well as other services to someone who payed for it with a check from a bank account that was closed. This is fraud so I took the domain back. Now the originaly owner of the domain is looking to sue for the domain back. I am pretty sure that because he never paid for it, the domain should not be his.

I just want to see if anyone else has any experiance with this and with what the ICANN rules are.


Thank you,


Joel

Dan541
06-05-2006, 11:09 PM
He committed fraud so I dont see how he can take legal action without incrimminating himself.

Dave Zan
06-05-2006, 11:32 PM
ICANN only setup the UDRP for transfer, deny, or cancellation of the domain name.
It doesn't give monetary compensation.

Assuming you've kept "evidence" of this all this time, get a lawyer. This is a civil
dispute.

UH-Matt
06-05-2006, 11:34 PM
Just ask for evidence that he ever purchased and paid for the domain.

Its not his... he didnt pay.

stub
06-06-2006, 12:23 PM
Isn't bouncing checks a serious crime in the USA?

liquidjoel
06-06-2006, 05:08 PM
Bouncing a check for insuficent funds is not a crime, but for having an account closed is. I was just wondering because he is trying to sue the person that I later sold the domain to.

What I am curious about is what ICANN's policiy is on this matter or OpenSRS since I was reselling the domains through them.


Joel

Dave Zan
06-06-2006, 05:14 PM
What I am curious about is what ICANN's policiy is on this matter or OpenSRS since I was reselling the domains through them.

None, because this is a civil dispute. They ain't exactly a consumer watchdog.