Web Hosting Talk : Web Hosting Main Forums : Domain Names : Domain Names :/

[WildWayz]

Hi ya

You may remember a while ago my posting on my domain kevlar-killers.com and a legal suit from DuPont...

http://www.webhostingtalk.com/showth...threadid=29538

Well after speaking to some domain name lawyers, it was established that we were not breaking trademark laws because, in accordance with DuPonts site, we are not making a profit off their name.

Anyway, DuPont and I agreed that I can keep the website but I MUST change the domain name. They also agreed to pay for a new domain name (www.0wned.me.uk) but I would have to remove Kevlar-Killers.com.

I thought that was fair, so I pointed it to some dead nameservers so it won't resolve. I told DuPont that, and they said basically "Sorry, it must be totally deleted and until it is, we are not repaying you back the domain name costs".

I offered to transfer it to them so they can do what they like with it, but they refused... so off I went to ukreg.com to get them to drop kevlar-killers.com (I registered it there).

www.ukreg.com has no contact number. No direct email address. If I look up their details on the whois database and call the number there, it is Fasthosts and they won't help me.
There IS an online form which I filled in... and they replied back but never answered the question asked, so I replied again via the form, and pasted the email I got from them in it.

A week went by, no reply - and I have been contacting them frequently about it - no replies :/

Any other way I get get the domain name dropped?

Regards,

James Kapherr

[thewitt]

There is no way to get a domain name "dropped" in such a way that no one else can register it.

If Dupont wants to protect this domain as IP, they need to register it...or else sue the next person to register it once your registration expires and the domain does eventually drop.

Since the domain is apparently registered with OpenSRS, I'd write a letter to support@opensrs.net and ask them to clarify your options for Dupont, but it is unreasonable for Dupont to believe that you can simply make the domain "go away" because they are a large company with lawyers...

-t

[WildWayz]

Thanks Thewitt - Sorry, I should have been more clear.
All they want is for me to drop it as showing it is available to register again and I am not the contact.
So basically free it up.

--James

[thewitt]

By the way, I would probably change all the contact information for the domain to be Dupont's contact information and then email them the OpenSRS username and password for domain management and be done with it.

No one could acuse you of holding the domain if you made them the owner, admin and tech contacts...

Use one of their DNS servers - the domain won't resolve, but you can certainly remove yourself from the domain's records completely.

-t

[thewitt]

Messages crossing in the ether...

You will have to contact the Registrar - in this case it appears to be OpenSRS - and see if they have a way to force a domain to expire and drop.

I'm not familiar with a mechanism to do this, but it may certainly exist. There is likely nothing your reseller could do except ask on your behalf.

If you don't get anywhere and you need someone to talk with OpenSRS for you, let me know and I'll be happy to field the questions to them for you.

Good luck!

-t

[WildWayz]

Thanks so much - will try that!

James

[iBiz]

Originally posted by thewitt
You will have to contact the Registrar - in this case it appears to be OpenSRS - and see if they have a way to force a domain to expire and drop.
-t

I don't think you can actually "force" a domain to expire. I've never heard of that happening before. If Dupont is wanting it to be "released" so that they can register it themselves, they'd need to do a transfer of ownership and be done with it. If and when it expires, there is nothing dupont can do to stop someone else from registering it like you did unless they register it themselves.
So, that brings us back to "transfer of ownership".
Again, from what I understand, you are stuck with the domain for the duration of the registration.

[WildWayz]

I have to agree, i never thought it would be possible to just 'drop' it.
As I said, I offered to transfer it to them, but they refused it.
I am actually thinking that they are stalling - they won't pay me for the new domain until the old one is 'dropped'.

They should count themselves lucky - I could have said "bog off - we are in no violation of your trademark, and as stated on your own website

Trademarks

The DuPont Oval logo, DuPont™, The miracles of science™ and all products denoted with™ or ® are trademarks or registered trademarks of E.I. du Pont de Nemours and Company. DuPont trademarks may not be used in connection with any product or service that is not a DuPont product or service. "

As I said, 2 different domain name lawyers said DuPont have no case - and that to give up the domain name is an act of good faith on my behalf.

--James

[mkaufman]

Uh, I can't believe DuPont actually pursued this - it's only a gaming site..

[bitserve]

How would you prove that it was deleted if it gets registered again before the whois servers are updated?

If I was you, I would transfer the domain name to bill gates or someone else dupont wouldn't try to sue.

Or just give it to a foreign friend in pakistan or something.

[thewitt]

Originally posted by bitserve
[clip]If I was you, I would transfer the domain name to bill gates or someone else dupont wouldn't try to sue.[clip]

I love this one.

Since it's so each to change ownership in the OpenSRS control panel, you could literally transfer it to anyone you wish...

-t

[WildWayz]

Hi ya

Got a reply back from OpenSRS saying this

Hello,

To have the domain name deleted we require a signed fax requesting the domain deleted for copywrite reasons. This fax needs to include the domain name in question, your signature and photocopied government issued ID proving the request is coming from the listed registrant of the domain.

This can be faxed to 416-531-2516, attention Compliance Officer.

Hope this helps.


Frank Lemire
OpenSRS Technical Support
Manage FAQ - http://www.opensrs.org/Manage_FAQ.shtml
End-User FAQ - http://www.opensrs.org/enduser_FAQ.shtml

Sooo looks like I will be faxing them

James