Help! I'm looking for info and hoping someone here can help. We are a retail business and contracted with a local independent web design firm to create a website back in 2004/2005. This web company first registered our domain name using our company name. The domain name was never registered previously. Last fall we decided to go to an industry specific web company that can provide many options a small, independent can't offer. The local company claimed we were under a 3 year contract obligation but we didn't agree and did not renew with them at our anniversary date last fall. They took us to small claims to recover their fees for the 2 years they claimed we owed them. The judge laughed at their 'contract' and found in our favor. We asked for a transfer code last fall to transfer our domain name, which our local company did provide, however, our new company did not do the transfer immediately, as they were building our new site. Now for the issue. Our old company claims they 'released' our domain name and no longer have control of it. The name was transferred from 'tucows' to godaddy on Jan 22/23 of this year. It was registered through Sept 2009. It's registrant info is now listed as Domains by Proxy. It is also on godaddy auction for $1300! I think my old company is hiding behind Domains by Proxy and trying to hold me hostage to get their money. They claim to know nothing about the transfer and claim they just 'released' the name and a scalper grabbed it while it was available. I say Hogwash! So my questions: What can I do? Anything? How can I track what happened? How can I find who has it on godaddyauction? Help! I need my domain name back! Thanks in advance!

Contact ICANN. Get all the evidence of the court cases and such first.

however, our new company did not do the transfer immediately, as they were building our new site. Now for the issue. Our old company claims they 'released' our domain name and no longer have control of it. The name was transferred from 'tucows' to godaddy on Jan 22/23 of this year. It was registered through Sept 2009 ...
They ... claim they just 'released' the name and a scalper grabbed it while it was available.
You may have made a SERIOUS mistake in picking that new, "industry-specific" company which did not transfer your domain away IMMEDIATELY.
But then nobody can "release" your domain unless it expires (but you said it's in September). If it was originally registered at Tucows, its tranfer to GoDaddy could have been fraudulent.
Your best bet now is to ask your new website contractor for help, because they are supposed to be "in the know", and they have taken your money.

Unfortunately we were not listed as the Admin contact at Tucows. As I have found is usually the case, our Web company was listed as admin and tech contact, therefore they had complete control to do whatever they wanted with our domain name. They are giving us the srory that they 'released' the name and that when they did that anyone could have grabbed it. My understanding is this is not the case, but I have to prove it to get anywhere!

Do they mean they let it expire? If that's the case, tuff break. You either have to message the current owner if you can and ask to buy it, or wait till it exipres on them, if they let it.

No the domain never expired. It was registered thru 9/09 and then they renewed it thru 9/10 to maintain control of it. They claim they 'released' it and therefor it was open to anyone that wanted it.

You can also post a complaint to the BBB

That is a very odd situation. Are you able to telephone Go Daddy and speak with someone there to try to work towards a resolution? Perhaps fax the relevant legal documents?
-mike

Sorry to read what happened. But I have a few questions to try to understand what's caused this.
1. When's the domain name's current creation date?
2. Followup to 1, when's the domain name's last updated date?
3. Can you ask the old company if by "released" they meant deleted it?
I ask because it currently appears the old company deleted the domain name after your dispute, then it was eventually re-registered by someone else in January. I'm just speculating, of course, so more details are needed to try to get a better grasp.
As you observed, unfortunately it's your burden to prove your claims if what you said is true. And it's difficult, if not impossible.

What the old company may mean when they say that they "released" the domain is that they received a transfer authorisation request and they approved it.
Marek

Is your company name trademarked? You could also (and don't take this lightly!) choose to pursue a WIPO claim that they are using your trademark in bad faith, and they could force it to be transferred back to you.

Please update this if your situation gets rectified, you have about a 1% chance of anything happening for you with that domain at this point:)
Also i've been see'ing an increased number of posts suggesting filing complaints with the BBB. The BBB will accept cases like this but since it's a non-tangible goods issue they are pretty much like PayPal when it comes to disputing anything. They aren't able to really offer much other then forwarding your complaint to the other company. They will offer to keep the case on record but that's about all you will get.
Best of luck!

Dave Zan asked all the right questions... Here are a couple of pointers:
If the creation date is the same date it was when you had it (ie a few years ago) then they would have "released it to transfer" ie. a Transfer request, this should not have changed registrant details unless changed before or after the move.
Now, who is to say your new partner, the "industry specific chaps" havent completed the transfer and tried to sell it on, or a unhappy ex employee from the new company / old company?
I would get in touch with GoDaddy and TuCows, file a complaint at TC saying it was an UNAUTHORISED transfer of the domain to GD, and you were the registrant (as you said above you were), they can start their internal investigation. Get in touch next with GD and state that this domian has been hijacked, GD are quite happy to rattle their own policy of 60 days if contact information changed to lock domains, lets see them rattle that for you here.
You need to get this sorted out FAST, before it is sold and some other poor sod gets left out of pocket.
So plan :
1) Contact TC, start claim of unauthorised transfer, send them copy of court paperwork stating the domain is in fact yours etc (well the domain name must be mentioned I would assume if the old co, were trying to claim 2 years money out of you). Get them to confirm HISTORIC whois information showing you as registrant and when changed / transfered.
2) Contact GD, suggest the domain has been hijacked and that TC have started their own investigation, and ask them to remove the whois protection as it is clearly being placed on sale for financial gain (dont forget to ask them to put transferlock in place so that it cant be moved again). This may or may not show who pinched it, but at least it will show what is current with GD for WHOIS. (if it shows you as the registrant still, ask them to push to an account for you to control, they WILL want lots of paperwork from you, expect, PassPort, Driving License and/or Utility Bill)
3) Find a new company for your web work, as clearly they have lost the plot and cant be trusted with a simple task of transferring a domain.
Chris

Thanks for all the input guys. The domain name creation date as listed on whois is still the original creation date, 9/2004. As I understand it, if the name were released, deleted, or expired and then freshly registered it would have a new creation date. That's not the case. I'm thinking if I can find out the current registrant and prove it's my previous web company I would have a good claim through UDRP that this company is seeking financial gain through moving the registrar and hiding behind DBP.
I plan on filing a claim with GD and DBP relevant to the financial gain and ICANN rules.

Dont forget to get TuCows involved as well, they will probably not be too happy with the old reseller ;)

ask them to remove the whois protection as it is clearly being placed on sale for financial gain
Err...Chris, a thousand pardons as I don't really know how to word this accurately. But I'd be rather concerned if your registrar folks did that to a customer for what might turn out to be either: a) a frivolous action, or b) a civil dispute best resolved in court, although I'm sure your registrar's contract tries to cover those scenarios.
Then again, Go Daddy had been reported online a few times for either scenario I described above. So...who knows as they might do just that? (unless they've changed tactics since then, of course...)
Anyway, I do agree the OP should contact Tucows about it, especially since the OP confirmed it's been registered ever since and was subsequently transferred. Sounds like a possible hijacking.
OP: check with the old reseller and/or Tucows if your company's email address was listed when the transfer occurred, or whoever's was used that time. You should've received the transfer emails if yours was shown, though there's also the risk it could've been compromised too.
I'll say this: it's not going to be resolved "immediately", and it'll take persistence. You might need to retain competent legal counsel, especially if the domain name's that important.
Good luck and hope it works out somehow.

Err...Chris, a thousand pardons as I don't really know how to word this accurately. But I'd be rather concerned if your registrar folks did that to a customer for what might turn out to be either: a) a frivolous action, or b) a civil dispute best resolved in court, although I'm sure your registrar's contract tries to cover those scenarios.
Hi Dave,
Yes, contracts with our resellers/customers do have clauses for such scenarios, but most of it comes down to the loosing registrar rquesting the domain back because of a dispute. We would block any transfer requests until the dispute is complete.
Rest assured privacy protection is there for a reason, it wouldnt be removed without either a breach of our terms and conditions or a court order.
Kind regards,
Chris