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02-01-2002, 01:44 PM #1Newbie
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lost domain name - best way to get it back?
A client of mine renewed his domain name in Dec. with ns.com. It was up for renewal on Dec. 24th. He received a message on Jan. 25th stating that they couldn't complete the renewal because of his email setup. Instead of calling me then, he tried to straighten it out on his own. The upshot is that someone else registered the name on Jan. 29th through a different domain company.
What's the best way to try to get the domain name back?
Thanks all,
John
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02-01-2002, 02:43 PM #2Web Hosting Evangelist
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make the new domain owner an offer they cannot refuse
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02-01-2002, 03:38 PM #3Web Hosting Master
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I don't believe you have any legal recourse, unless the new domain owner can be disqualified under the Uniform Domain Dispute Policy http://www.icann.org/udrp/udrp.htm.
You can always threaten the original registrar with legal action if they took his money before the domain expired and they were then unable to register it before it expired. If they did not take his money while the domain was still active, you probably have little to stand on.
It sucks.
-tmyOstrich Internet - OpenSRS Domain Names & Digital Certificates
http://www.myostrich.net
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02-01-2002, 11:12 PM #4Web Hosting Master
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Someone snapped my domain name.
I guess it would be hard if you don't have a trademark on the domain name.
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02-02-2002, 12:19 AM #5Web Hosting Evangelist
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Even if you have a trademark you going to have to deal with crap
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02-02-2002, 03:02 AM #6Newbie
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Originally posted by thewitt
I don't believe you have any legal recourse, unless the new domain owner can be disqualified under the Uniform Domain Dispute Policy http://www.icann.org/udrp/udrp.htm.
You can always threaten the original registrar with legal action if they took his money before the domain expired and they were then unable to register it before it expired. If they did not take his money while the domain was still active, you probably have little to stand on.
It sucks.
-t
John
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02-02-2002, 05:41 PM #7Web Hosting Master
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Originally posted by jonra1000
They did take his money before it expired. They sent him an email more than a month after it expired. Someone bought it 5 days later. I've never heard of an expired domain going this fast.
John
-tmyOstrich Internet - OpenSRS Domain Names & Digital Certificates
http://www.myostrich.net
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02-02-2002, 10:51 PM #8Newbie
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Originally posted by thewitt
If they took his money for the renewal before the domain expired, why wasn't the domain renewed?
-t
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02-02-2002, 10:58 PM #9Web Hosting Master
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This sounds like a very simple case to resolve to me. I'm no lawyer, but they took his money and did not provide the service. The result was a loss of intellectual property.
I would think that a visit to a lawyer would resolve this one quickly enough.
-tmyOstrich Internet - OpenSRS Domain Names & Digital Certificates
http://www.myostrich.net
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02-02-2002, 11:12 PM #10Junior Guru Wannabe
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The chance of getting the name back is rather slim unless the new owner is willing to sell it.
It sounds like your customer will have to take Names Direct to civil court and sue for it's appraised value. If you can prove they charged the card and then didn't renew it and after a month it expired it sounds pretty open and shut.
Chances are once they see you are serious about taking them to court they will try to deal with that individual who purchased the name to see if they can't buy it and then give it back to you. It would be cheaper then facing a verdict against them if your customer can prove high damages.
Find a good lawyer and they will file contact Names Direct on your behalf and if that fails they will know how to file the necessary documents to begin the case against them.
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02-03-2002, 12:02 AM #11Junior Guru Wannabe
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For all you know, it could be stolen from you by.....
Normally, if the domain expires, it will not be released to the public untill 45 days later. I know, the domain registrar will send you reminder before they actually delete them.
For curiousity, what was the domain name.
Good luck.
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02-03-2002, 01:41 AM #12Web Hosting Master
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Originally posted by thewitt
This sounds like a very simple case to resolve to me. I'm no lawyer, but they took his money and did not provide the service. The result was a loss of intellectual property.
I would think that a visit to a lawyer would resolve this one quickly enough.
Then, depending on what the domain name is and the particulars of the John's client's business, maybe they could dispute possession of the name under the UDRP. No way to say what the prospects for that are without knowing all the details.Specializing in SEO and PPC management.
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02-03-2002, 02:14 AM #13Newbie
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Originally posted by brandon
For all you know, it could be stolen from you by.....
Normally, if the domain expires, it will not be released to the public untill 45 days later. I know, the domain registrar will send you reminder before they actually delete them.
For curiousity, what was the domain name.
Good luck.
I'm wondering what's stopping my client from registering a trademark for the name? I doubt very much if the new owners have bothered. Wonder if you can get a trademark for a domain name someone else has registered?
John
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10-22-2005, 03:08 PM #14Newbie
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i am wondering if the police can help ?
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10-22-2005, 04:07 PM #15Web Hosting Master
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Originally posted by chrisrz
i am wondering if the police can help ?
You dug up rather an old thread there...
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10-22-2005, 04:46 PM #16Mobile Multimedia Minimalist
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Originally posted by Lubeca
What - after nearly four years???
You dug up rather an old thread there...Co-Founder @HostHideout. Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism with a bias for functionality, color theory and pixel precision: a #multimedia messenger in the McLuhan sense. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management. He also likes Patrik Ervell, Wong Kar-wai and IKEA.
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10-22-2005, 05:03 PM #17Web Hosting Master
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Talk about waking up the dead
Domain Maven
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10-22-2005, 06:27 PM #18Newbie
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I suppose that's the benefit with having large bold post dates.
Everyone's done it at some point, especially at a forum they're new at and don't automatically check the date for.