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Thread: Squatted!

  1. #1

    Squatted!

    Hi, everyone. I have a question for you because this is relating to a matter that I am not very familiar with. I've done a lot of website design and development for years, but I've never had to deal with (or help a client deal with) a domain dispute. I'll give you the summary of the situation:

    A client I am working for had a website under their company name several years ago with their old web developer. For the sake of the example, let's say this company is called John's Sprockets. They used their company name as the domain -- johnssprockets.com. Their company name is a trademark and this company has existed for a very long time.

    Regrettably, their web developer was pretty crappy. He didn't keep up on things and he allowed the domain to expire. My client was unaware that this had happened until it was too late, and someone registered the domain out from under them.

    I did some investigation into the matter and it appears that the domain was grabbed by a company affiliated with DirectI. The "Find something interesting" tagline on the parking page gives it away. Domain tools provides the following information:

    Registrant:
    Private Registrations Aktien Gesellschaft
    CNR of Granby & Sharpe St.
    Suite K2134
    Kingstown kingstown
    VC

    Domain Name: JOHNSSPROCKETS.COM

    Administrative Contact, Technical Contact:
    Private Registrations Aktien Gesellschaft

    CNR of Granby & Sharpe St.
    Suite K2134
    Kingstown kingstown
    VC
    +852-81245729

    Record expires on 11-Dec-2010.
    Record created on 10-Dec-1996.

    Domain servers in listed order:

    SK.S5.ANS1.NS129.ZTOMY.COM
    SK.S5.ANS2.NS129.ZTOMY.COM
    Since the name is trademarked, this is a pretty cut and dry case of squatting, isn't it? I'm assuming a cease and desist letter demanding the return of the domain would be sufficient for them to back down (especially since I can't imagine that the domain is making them much money at all), but I'm deferring to those of you who may be more experienced with such situations. What do you guys recommend in dealing with this? Any advice is good advice to me.

    Thanks!

  2. #2
    Join Date
    Nov 2009
    Location
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    I would start by emailing the current registrant and politely inform them you have the name trademarked and request it back. If they seem non-cooperative, or don't respond, tell them you intend to open a dispute.
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  3. #3
    Join Date
    Oct 2009
    Posts
    176
    Private Registrations AG has been mentioned before: http://www.webhostingtalk.com/showthread.php?t=682494
    They appear to get expired domains, but being a domain privacy service (?) it could be some other company.
    Ztomy appears to be your standard ad-search site, which has a different domain privacy provider.

    DirectI operates under the name "Public Domain Registry" for its registrar, but this may be registered with a reseller of ResellerClub instead. Try contacting them through their abuse sites (PDR, ResellerClub)

  4. #4
    Quote Originally Posted by CanSpace View Post
    I would start by emailing the current registrant and politely inform them you have the name trademarked and request it back. If they seem non-cooperative, or don't respond, tell them you intend to open a dispute.
    Absolutely. As trade mark was created first and only then domain name appeared.
    I'm sure you will win

  5. #5
    Join Date
    Mar 2004
    Posts
    695
    A google search for "CNR of Granby & Sharpe St." and "WIPO" gave many results, it will be an easy case, you have the trademark and it's a well known squater, this makes things even easier.

    The squater may still want a small amount for the domain, less than the wipo cost, it's something usually done in this cases to make a small profit.

    This WIPO case against the same squater will be useful for you
    http://www.wipo.int/amc/en/domains/d...2009-1122.html
    Mousa: [as Rambo prepares to play Afghan game 'buzkashi'] God must love crazy people.
    Rambo: [getting on horse] Why?
    Mousa: He make so many of them!

  6. #6
    Join Date
    Mar 2004
    Posts
    695
    Update: It's true, is a privacy service, not the squatter, so you don't know who got the domain, but if you go to wipo, the privacy service probably will just ignore, will not answer and you will win the domain.

    Try to get in touch with the registrant to know what are his demands, after that decide yourself if you want to ask the registrar to cancel the privacy service or not.

    If i were you i would ask an admin to edit your post and remove the domain name, it's the only page that appears on google when seaching for the domain and you don't want the squatter to read this page ;-)

    EDIT: Hey, that domain name is unregistered!!!
    Warning, if any of you are considering registering it, forget it or look for a lawyer
    Mousa: [as Rambo prepares to play Afghan game 'buzkashi'] God must love crazy people.
    Rambo: [getting on horse] Why?
    Mousa: He make so many of them!

  7. #7
    You will probably find it was a clear case of the registrar holding the domain to see how "busy" the domain was for poss revenue reasons, PPC etc etc

    Get in quick tell your punter and he will be overly happy with you!
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  8. #8
    Join Date
    Mar 2009
    Location
    deep blue yonder
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    176
    Quote Originally Posted by elmister View Post
    EDIT: Hey, that domain name is unregistered!!!
    Warning, if any of you are considering registering it, forget it or look for a lawyer
    It's free for registration. The OP only used that domain as an example:
    Quote Originally Posted by elorc View Post
    For the sake of the example, let's say this company is called John's Sprockets. They used their company name as the domain -- johnssprockets.com.
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  9. #9
    Join Date
    Aug 2006
    Posts
    323
    Now I have to wonder which squatter has regged it it on spec.

    Karma!
    Colbyt

  10. #10
    Can it really be called squatting?
    Grabbing expired domains is a common thing and completely legal in and of itself.
    We don't know the intent of these people or how much they knew about the domain before they regged it, so calling it squatting is premature imo..

    That being said, go through the channels and I'm sure you'll get the domain back.

  11. #11
    Join Date
    Jun 2005
    Posts
    5,929
    It's not cut 'n dried if they are not infringing on any copyrights or trademarks.
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