Help! Our domain name has been bought by someone else

14 years ago

If it's really worth it...

Hurry up and get a lawyer and have them send that company something before they end up selling the domain.

But it seems the company has intentions on profiting off your domain name.

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WillR

14 years ago

Unfortunately I don't think there is going to be much you can do. Rest assured though you will probably receive an email from the company who purchased your domain name asking if you would like to buy it.

These companies basically pounce on any domains that lapse and then go and try to sell them to people who have other extensions (.net, .org) of the same domain. It has happened to me several times with domains I didn't want to renew. I let them slide, these people then bought the domains and tried to sell them back to me for $150 or something ridiculous.

Even if it were a domain I really wanted I would find it very hard to pay these people the money they are asking. They expect to buy a domain for $10 one day and sell it for $150 the very next day. I usually just tell them to get nicked.

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Ben Gordon

14 years ago

Originally Posted by WillR

Unfortunately I don't think there is going to be much you can do. Rest assured though you will probably receive an email from the company who purchased your domain name asking if you would like to buy it.

These companies basically pounce on any domains that lapse and then go and try to sell them to people who have other extensions (.net, .org) of the same domain. It has happened to me several times with domains I didn't want to renew. I let them slide, these people then bought the domains and tried to sell them back to me for $150 or something ridiculous.

Even if it were a domain I really wanted I would find it very hard to pay these people the money they are asking. They expect to buy a domain for $10 one day and sell it for $150 the very next day. I usually just tell them to get nicked.

This is exactly why I don't trust domain registrars other then GoDaddy and NameCheap. Only use very trusted domain companies and pay upfront, about a month before they actually have to charge you for domain renewal.

Thanks

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No1here

14 years ago

Well, if she is a known writer and her Pen name can be shown to be something along the lines of a trademark, same way as Coca Cola is a trademark, then it's maybe possible that you could get the domain back but you'd likely have to get a lawyer involved.

The problem is that Coca Cola is a very unique name/trademark and there is only one Coca Cola in the world that can legitimately call itself Coca Cola.

It's a bit different with a pen name in that even though this writer uses that name as a pen name that doesn't mean that there aren't other people alive who legitimately are named by that same name.

See, with Coca Cola, if someone were to buy the domain because of a mistake by Coca Cola then that person would have to relinquish the domain name because of "Cyber squatting" laws.

I'm not a lawyer so please don't take what I say as legal advice because it isn't but there may be a chance that the same cyber squatting laws MAY apply in this case.

It's the one avenue that is likely open to you to explore but honestly you need to bring this to an attorney who deals with Internet law, maybe an attorney who deals with trademarks and discuss it with him/her/them.

My personal opinion, and I can quite easily be wrong, is that the domain is gone and you're probably not getting it back unless you buy it back from whoever bought it. My guess would be that they will want a premium price for the domain.

Sorry.

You really need to check with an attorney though because I can only give you my best guess on my limited knowledge of Internet law.

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Clojo

14 years ago

Thanks all. This is what I feared.

The author has a very unique name and certainly as far as Google is concerned there in no one else in the world with that name. (well at least up to page 60...I got bored of looking after that!) She is also pretty well known.

The other problem is that she has the domain name printed in her books and on numerous pieces of literature.

I had not wanted to go down the legal route, but it may be the only way to go. Although I have no way of contacting Intrust because all their numbers and all their emails lead nowhere! It is a nightmare.

Thanks

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Charlotte Jay

14 years ago

Yes, I would talk to a lawyer and make sure you have a solid paper trail when it comes to the domain. This sounds really frustrating, I hope you get an answer soon on it.

Thanks

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ayma

14 years ago

There should be a month or so (can't remember exactly), that the name cannot be registered.

If it has been longer than that period and you failed to register, then basically you cannot do anything.

Unless of course you have trademark/copyright to the domain or the company name.

Thanks

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donhx

14 years ago

Yes, well the operative fact in your post was, "Her main domain recently lapsed."

For whatever reason it did. It will probably be cheaper to buy it back from the shark that bought it rather than going the legal route. The sharks all have their price and it will be less that a year's worth of legal fees.

Important domains should be purchased 5-10 years ahead, not year to year. It's cheap insurance.

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Giftys

14 years ago

I'm very sorry that happened to you/her. In my opinion, it is worth pursuing. Sometimes situations look bleak going into them but it can also be a learning process. Indeed she might have a sort of common law trademark that can be enforced, especially because of the book publishings. It's at least worth paying a trademark lawyer for his opinion. That said, I agree with Don, it might be better to pay the shark for the domain than to pay 100 x's more for the other shark (the lawyer). You're in a lose/lose situation and you'll probably be forced to pick from the lesser of the two evils.

- Good luck!

Thanks

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Gene Pimentel

14 years ago

Sorry to hear you lost the domain name. I know it's a very difficult situation. When a domain name expires, you have about 75 days to reclaim it before it becomes publicly available. During that time, the website on this domain would be dead - nobody would be able to access it. Was it not noticed by the owner that their website was not functional for 75 days (two and a half months)?

If you do go the legal route, remember that it is not the fault of the new owner. A domain name can only be registered if it is freely available to the public. It is probably not the fault of the registrar either, as they are not obligated to babysit your domain. They should notify you as a courtesy, but we all know that email can be very unreliable. You may be able to re-acquire the domain if TradeMark can be proved, but it's an expensive road to take.

As a reference, here is a diagram of the life cycle of a domain name:

I think the best plan of action would be to try to establish a good rapport with the new owner, explain your plight, and hope they will sympathize with you and resell it to you at their cost plus time involved.

Good luck!!

.

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3 replies

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Richard Tunnah

14 years ago

Originally Posted by Gene Pimentel

Sorry to hear you lost the domain name. I know it's a very difficult situation. When a domain name expires, you have about 75 days to reclaim it before it becomes publicly available. During that time, the website on this domain would be dead - nobody would be able to access it. Was it not noticed by the owner that their website was not functional for 75 days (two and a half months)?

If you do go the legal route, remember that it is not the fault of the new owner. A domain name can only be registered if it is freely available to the public. It is probably not the fault of the registrar either, as they are not obligated to babysit your domain. They should notify you as a courtesy, but we all know that email can be very unreliable. You may be able to re-acquire the domain if TradeMark can be proved, but it's an expensive road to take.

As a reference, here is a diagram of the life cycle of a domain name:

I think the best plan of action would be to try to establish a good rapport with the new owner, explain your plight, and hope they will sympathize with you and resell it to you at their cost plus time involved.

Good luck!!

.

Great diagram Gene...you put it much better than me.

Rich

Thanks

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Clojo

14 years ago

Originally Posted by Gene Pimentel

Sorry to hear you lost the domain name. I know it's a very difficult situation. When a domain name expires, you have about 75 days to reclaim it before it becomes publicly available. During that time, the website on this domain would be dead - nobody would be able to access it. Was it not noticed by the owner that their website was not functional for 75 days (two and a half months)?

If you do go the legal route, remember that it is not the fault of the new owner. A domain name can only be registered if it is freely available to the public. It is probably not the fault of the registrar either, as they are not obligated to babysit your domain. They should notify you as a courtesy, but we all know that email can be very unreliable. You may be able to re-acquire the domain if TradeMark can be proved, but it's an expensive road to take.

As a reference, here is a diagram of the life cycle of a domain name:

I think the best plan of action would be to try to establish a good rapport with the new owner, explain your plight, and hope they will sympathize with you and resell it to you at their cost plus time involved.

Good luck!!

.

This is what I can't understand. The domain lapsed on the 23rd March 2011. This was just over 40 days ago. I have read about the grace, redemption and deletion periods, so by this it should still be available for us to purchase back but it isn't!

And because everything else was renewed she assumed that it had been also. No notice from the company. She is writing a new book at the moment, so had not logged onto the site for sometime. Neither had I since I only work on it as and when she requires.

Are these redemption periods standard across the board? 75 days all in?

We have spoken to the bank and they have said that the expiry was entered incorrectly and was why it was rejected. Yet the domain company put through another domain on the same day!

Thanks

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Clojo

14 years ago

Originally Posted by Gene Pimentel

I think the best plan of action would be to try to establish a good rapport with the new owner, explain your plight, and hope they will sympathize with you and resell it to you at their cost plus time involved.

Good luck!!

.

This is what we have done, but I am not sure any of the emails are getting through? And telephone numbers all lead to voicemail which cuts you dead. Hmmmmm. Tricky!

Thanks

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Glenn Leader

14 years ago

Do you actually know for sure that the company you mentioned owns the domain, rather than parking it while it goes through the expiry period? Is it at all possible that you domain name is in cyber limbo until it's release? If this IS the case, then sit tight until its release, then pounce on it.

HTH

Glenn

edit: looks like Gene beat me to it, with a much better reply.

Thanks
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Clojo

14 years ago

Originally Posted by Glenn Leader

Do you actually know for sure that the company you mentioned owns the domain, rather than parking it while it goes through the expiry period? Is it at all possible that you domain name is in cyber limbo until it's release? If this IS the case, then sit tight until its release, then pounce on it.

HTH

Glenn

edit: looks like Gene beat me to it, with a much better reply.

The whois register says that they own it, registered 2 days ago. So I guess that is right? That is right isn't it?

Thanks

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Richard Tunnah

14 years ago

There's something wrong with the OP's intial statement. Domain registrar's don't just drop a domain like that. There's a procedure all registrar's follow to comply with Ican rules. This includes a grace period of 2 weeks standard then usually upto another month after that before the domain is dropped. If however it did drop and someone picked it up then I'm afraid it's tough. As said you may get offered the domain at an inflated price to purchase off the new domain holder. But they have control and I don't see how a lawyer will help you?
If however you feel your registrar has not complied with ican rules I'd contact them as they have the power to resolve this.

Rich

Thanks
1 reply

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Clojo

14 years ago

Originally Posted by Richard Tunnah

There's something wrong with the OP's intial statement. Domain registrar's don't just drop a domain like that. There's a procedure all registrar's follow to comply with Ican rules. This includes a grace period of 2 weeks standard then usually upto another month after that before the domain is dropped. If however it did drop and someone picked it up then I'm afraid it's tough. As said you may get offered the domain at an inflated price to purchase off the new domain holder. But they have control and I don't see how a lawyer will help you?
If however you feel your registrar has not complied with ican rules I'd contact them as they have the power to resolve this.

Rich

Thanks for this. I will look that up on ican. I don't think there could have been a grace period and they went straight into redemption and deletion, else it would be still available.

Thanks

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mattlaclear

14 years ago

As a professional you need to stay up on these matters. There really is no excuse for letting a domain name lapse. You ought to transfer all your clients domains over to them so they are the ones responsible for renewing them.

Thanks
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Clojo

14 years ago

Originally Posted by mattlaclear

As a professional you need to stay up on these matters. There really is no excuse for letting a domain name lapse. You ought to transfer all your clients domains over to them so they are the ones responsible for renewing them.

Hi Matt

Thanks for this. Although unfortunately for her (fortunately for me) she is responsible for the domain names. I learnt that a long time ago! It was only because I was doing some housekeeping that I noticed and had to notify her what had happened.

Thanks

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Gene Pimentel

14 years ago

No, it's not always 75 days. It varies. But the point is, there is always ample time to reclaim, and the burden of domain management is on the owner, not the registrar.

Unfortunately, whether or not the credit card was rejected has no bearing on who's responsibility it is to make sure the domain is still registered. It is not the registrar's fault or obligation to make sure you know the domain is still in your possession.

"And because everything else was renewed she assumed that it had been also."
Unfortunately, that's her error.

And please realize I completely sympathize with your situation, and am not agreeing with the practices of the registrar or other parties involved - I'm just trying to let you know how these things work.

If the domain is still in the hands of "Intrust Domains", they may be making it available through their backorder process. See if it comes up on NameJet.com.

Thanks
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Brock Poling 14 years ago

This is a tough situation. Here's where I would start. Go to a lawyer and have them find out everything they can on the company -- basically have them run down the names of the key people, and good (working) contact numbers.

Then I would have the lawyer call them, explain what happened, and ask "what can we do?" to buy it back. The domain holder is going to skin you on the cost, but you really have no choice but to pay it.

If the domain is as unique as you say they are going to have a bit of a hard time selling it to someone else, and they will balance what it is worth to you with how easy / what they can get for it from someone else.

If they stonewall you I would have the lawyer start making noises about lawsuits claiming that use by anyone other than the author would be a violation of trademark etc.

The point isn't to be legally right (BTW, I am not a lawyer, but I know how business works. ;-)), but to show them that you are willing to play nice and let them make a nice profit on the name, but if push comes to shove you will make owning this domain very expensive for them. Unless they have lawyers on staff they will have to hire outside council to deal with you. That can get expensive in a hurry. Ultimately they are in business to make money, and this could end up costing them far too much to be worth the hassle.

I am sure at that point they would be willing to negotiate a sale on mutually agreeable terms.

You could possibly get out of it with a few hours of legal fees (2 or 3 I suspect) and whatever you have to pay for the domain. Yes, it is kind of expensive, but it sounds far more expensive to let this domain get away from you.
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Clojo

14 years ago

Originally Posted by Gene Pimentel

No, it's not always 75 days. It varies. But the point is, there is always ample time to reclaim, and the burden of domain management is on the owner, not the registrar.

Unfortunately, whether or not the credit card was rejected has no bearing on who's responsibility it is to make sure the domain is still registered. It is not the registrar's fault or obligation to make sure you know the domain is still in your possession.

"And because everything else was renewed she assumed that it had been also."
Unfortunately, that's her error.

And please realize I completely sympathize with your situation, and am not agreeing with the practices of the registrar or other parties involved - I'm just trying to let you know how these things work.

If the domain is still in the hands of "Intrust Domains", they may be making it available through their backorder process. See if it comes up on NameJet.com.

Thanks Gene, I completely understand. And yes I agree that it is the domain owners responsibility, hence why I only ever take care of my own domain names and not any of my clients, that is down to them. I just feel sad for her as it is a stress she doesn't need. Still hopefully we will be able to sort it out.

I have looked on Intrust and they say I can backorder it, but does that mean I will get it for the backorder price or is that to secure it and then they will charge what they deem fit and would I have to wait until it expires next year?

I will check out NameJet. Thank you.

Thanks
1 reply

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Gene Pimentel

14 years ago

Originally Posted by Clojo

Thanks Gene, I completely understand. And yes I agree that it is the domain owners responsibility, hence why I only ever take care of my own domain names and not any of my clients, that is down to them. I just feel sad for her as it is a stress she doesn't need. Still hopefully we will be able to sort it out.

I have looked on Intrust and they say I can backorder it, but does that mean I will get it for the backorder price or is that to secure it and then they will charge what they deem fit and would I have to wait until it expires next year?

I will check out NameJet. Thank you.

Actually, I would be very hesitant to backorder it directly from "Intrust", as I have never heard of them. The backordering process should be done through NameJet.com or SnapNames.com (prefer NameJet). You would bid the starting price of $59, and if nobody else bids, you get it for that price.

If you will PM me the actual domain name, I will do a little digging to try to determine what's going on.

Thanks

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omk

14 years ago

Unfortunately there's not much you can do, once you let the name lapse and get bought by someone else. Even if you were able to contact them, they don't have to sell it back to you.

The only remote shot you have is by proving that some foul play was done. Maybe you can show that the registration company always sent out warnings for renewal and this last time they didn't. Maybe you can find out if they are connected in some way with the new company that registered the name.
If this name has some type of above average value you may have a shot, but you need to do your investigative work on this one.

Thanks

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bobbydiraag

14 years ago

Is there no way you can just orientate the domain in some way..I really cannot see what you can do either..

Thanks

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celente

14 years ago

Had this happen twice, and I learnt my lesson the second time. lol. Yes I am a slow learner, but now I know this can happen.

It is time to accept it and move on, you are quite limited as to what you can do? But wish you the best.

Thanks

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