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Recovering a Domain Name
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| stevebutabi |
Hey Guys
Hoping that someone out there is familiar with what to do in this situation:
(I can't use the actual name of the company or its domain name for confidentiality purposes)
Let's say there's a company named Message Icon International. Its website is messageicon.com. Now, for whatever reason, it does not renew the registration on its website, it expires, and someone comes in and grabs it. Now, "Message Icon" is a registered trademark of Message Icon International. However, the company that came in and registered the domain name is not in MII's line of work, and MII's trademark only covers a certain sector of goods and services.
The company that nabbed the website uses it for a search portal - a really scam-ish looking one.
I've been reading on and on the ICANN website, and National Arbitration Forum, and I have a form through which I can file a complaint with NAF, but I'm not a lawyer, and it's quite complicated.
Anyone out there been in a similar spot and have some advice?
Thanks so much
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| idoru |
| This is why my domain auto-renews every year. |
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| igottaknow |
| i was able to retrieve a domain name but it was under different circumstances. if its the same name as the company they can write a formal letter asking for it. if they refuse then a letter to ICAN. Final step is to get a lawyer. Obviously things could get expensive so it be wise to make sure you have a winnable case before embarking on this. |
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| stevebutabi |
Thanks.
The rules are really geared to help the guys that buy thousands of domain names and make search portals out of them. In order to win a case, a plaintiff has to prove:
1) that the domain name in question is a registered trademark of the plaintiff (easy)
2) that the domain name legitimately has something to do with the defendant's site
3) that the domain name was taken by the defendant with malicious intent - ie to draw away sales from the plaintiff's business
It's near impossible to prove 3. All the bastards have to do is 'certify' that they never heard of the plaintiff's trademark when they registered the domain name.
2 is less tough, but still difficult. For example, looking back at Message Icon International, if the defendant made messageicon.com a search portal that advertises stuff that relates to message icons, then the plaintiff loses point 2.
All in all the system is on the side of these companies that exploit other businesses, and provide absolutely no value to society - just money in their pockets. Not that I'm not a capitalist or anything, but it's very frustrating to get screwed by these guys. |
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| gehzumteufel |
| quote: | Originally posted by stevebutabi
Thanks.
The rules are really geared to help the guys that buy thousands of domain names and make search portals out of them. In order to win a case, a plaintiff has to prove:
1) that the domain name in question is a registered trademark of the plaintiff (easy)
2) that the domain name legitimately has something to do with the defendant's site
3) that the domain name was taken by the defendant with malicious intent - ie to draw away sales from the plaintiff's business
It's near impossible to prove 3. All the bastards have to do is 'certify' that they never heard of the plaintiff's trademark when they registered the domain name.
2 is less tough, but still difficult. For example, looking back at Message Icon International, if the defendant made messageicon.com a search portal that advertises stuff that relates to message icons, then the plaintiff loses point 2.
All in all the system is on the side of these companies that exploit other businesses, and provide absolutely no value to society - just money in their pockets. Not that I'm not a capitalist or anything, but it's very frustrating to get screwed by these guys. |
how long after the domain expired did they snatch the domain? also there are ways to legally get it back outside of that but of course it is expensive. |
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| Lira |
| That's why I prefer how the system works in Brazil. You cannot buy a domain unless you're legally registered by the government... and then you can buy 1 domain. |
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| gehzumteufel |
| quote: | Originally posted by Lira
That's why I prefer how the system works in Brazil. You cannot buy a domain unless you're legally registered by the government... and then you can buy 1 domain. |
thats stupid because then some random guy cant get a domain name for a project that he is working on. im not saying that the way domains are registered shouldnt change (because you shouldnt be able to steal a domain name from an established company imho and then make millions off of that!) but it shouldnt be illegal to purchase a domain unless your registered with the government. governments should be transparent not stepping on everyones toes. |
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| Lira |
| quote: | Originally posted by gehzumteufel
thats stupid because then some random guy cant get a domain name for a project that he is working on. im not saying that the way domains are registered shouldnt change (because you shouldnt be able to steal a domain name from an established company imho and then make millions off of that!) but it shouldnt be illegal to purchase a domain unless your registered with the government. governments should be transparent not stepping on everyones toes. |
It's not stupid... I guess I failed to explain how the system works as a whole :p
There are exceptions to that rule, so you don't need to registered with the government every time you're working on a project - for example .org.br. - which are addresses that should be used for non-commercial purposes. Registering with the government isn't that difficult either... it's just a bit bureaucratic in order to avoid domain theft, among other things :)
Obviously, there's more to that than what I'm saying here, but it's a good system nonetheless. |
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| stevebutabi |
| quote: | Originally posted by gehzumteufel
how long after the domain expired did they snatch the domain? also there are ways to legally get it back outside of that but of course it is expensive. |
They took it about 12 hours after it expired. Unfortunately, no one really tried to get it back for almost 5 years. Only now is the company trying to get it back.
Yeah I'm sure a team of laywers could get it back. They'd just get the cost of defending the site at such a point that the scammers would say it, and just settle. Like you said, the net cost of that would be huge, and most likely not worth it... but who knows - business is all about taking calculated risks. |
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| igottaknow |
| why do you care so much? The company lost it due to its own ineptitude. It's not your fault or concern. Are you trying to get a promotion or raise by being the hero to rescue them? |
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| Sunsnail |
| 5 years :stongue: |
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