Anyone have experience with domain name taken?

[dmcowen674]

Anyone have experience with domain name stolen?

I had a guy take the domain name of my business I bought before I got a chance to register it.

 

[Juddog]

Originally posted by: dmcowen674
Anyone have experience with domain name stolen?

I had a guy steal the domain name of my business I bought before I got a chance to register it.

What did he do, break into your server, and haul the name through a broken window?

 

[Bacstar]

Originally posted by: Juddog

Originally posted by: dmcowen674
Anyone have experience with domain name stolen?

I had a guy steal the domain name of my business I bought before I got a chance to register it.

What did he do, break into your server, and haul the name through a broken window?

I just choked on my burrito

 

[dmcowen674]

No one on AT have experience in this?

 

[Unheard]

Next time watch where you search for availability on your domain name. Lots of the shady places turn over there whois records to domain squatters.

Unless your business was pre-existing, and you can prove this guy is not going to use the domain for anything but selling it, you're SOL.

 

[Tuktuk]

Originally posted by: dmcowen674
No one on AT have experience in this?

More details are needed. If your business' name is Googlecom and you're accusing google.com of stealing your domain, that is different than if your former business parter takes dmcowen674enterprises.com.

 

[slsmnaz]

It was a big corporate conspiracy to keep you down! Probably the oil companies

Is what he did really considered stealing?

 

[Kev]

What you described would be "squatting" not "stealing"

 

[Feldenak]

Originally posted by: slsmnaz
It was a big corporate conspiracy to keep you down! Probably the oil companies

The oil barons have been plotting this for ages. They want to keep you on the run!

 

[dmcowen674]

Originally posted by: Unheard
Next time watch where you search for availability on your domain name. Lots of the shady places turn over there whois records to domain squatters.

Unless your business was pre-existing, and you can prove this guy is not going to use the domain for anything but selling it, you're SOL.

Pre-existing, he has no business grabbing the name.

He lives around the corner and thought he can make money off me by grabbing it.

 

[Shame]

My bad. I will sell "tin-foil-hats.com" back to you for $10,000.00.

 

[dmcowen674]

Originally posted by: Kev
What you described would be "squatting" not "stealing"

It's no different than him taking the sign off the front of my building.

 

[dmcowen674]

Originally posted by: Tuktuk

Originally posted by: dmcowen674
No one on AT have experience in this?

More details are needed. If your business' name is Googlecom and you're accusing google.com of stealing your domain, that is different than if your former business parter takes dmcowen674enterprises.com.

I registered the .net version now but it is not the same as having .com

http://monkeyislandpub.net/

 

[Atheus]

Originally posted by: dmcowen674

Originally posted by: Kev
What you described would be "squatting" not "stealing"

It's no different than him taking the sign off the front of my building.

It bears no resemblance to that whatsoever...

If you didn't actually own the domain, how could he steal it?

 

[dmcowen674]

Originally posted by: Atheus

Originally posted by: dmcowen674

Originally posted by: Kev
What you described would be "squatting" not "stealing"

It's no different than him taking the sign off the front of my building.

It bears no resemblance to that whatsoever...

If you didn't actually own the domain, how could he steal it?

He has no business using the name.

 

[dirtylimey]

Originally posted by: dmcowen674

Originally posted by: Tuktuk

Originally posted by: dmcowen674
No one on AT have experience in this?

More details are needed. If your business' name is Googlecom and you're accusing google.com of stealing your domain, that is different than if your former business parter takes dmcowen674enterprises.com.

I registered the .net version now but it is not the same as having .com

http://monkeyislandpub.net/

Its probably for the best that he stole it

 

[jjones]

http://www.icann.org/faq/#udrp

 

[Unheard]

Originally posted by: dmcowen674

Originally posted by: Unheard
Next time watch where you search for availability on your domain name. Lots of the shady places turn over there whois records to domain squatters.

Unless your business was pre-existing, and you can prove this guy is not going to use the domain for anything but selling it, you're SOL.

Pre-existing, he has no business grabbing the name.

He lives around the corner and thought he can make money off me by grabbing it.

If what you mention here is true then he is squatting your domain and you have a legal right to go after him.

The ACPA is a federal law that took effect in November 1999, in order to preclude bad faith registration of domain names. This new domain name dispute law is intended to give trademark and service mark owners legal remedies against defendants who obtain domain names ?in bad faith? that are identical or confusingly similar to a trademark or service mark. In order to win a case of cyber squatting, plaintiff must prove that defendant has a bad faith intent to profit from the mark that is identical or confusingly similar or dilutes plaintiff?s mark. The key element is that plaintiff must prove that defendant has?bad faith intent to profit from the mark.? What this means is that if defendant merely registers the domain and does nothing with it commercially, plaintiff will have a difficult if not impossible time proving bad faith. Typically, intent to profit is shown by the use of the domain as a commercial site which sells goods or services. For an alleged domain violator who does not develop a website, bad faith intent to profit is often shown when the defendant tries to sell the domain name to the trademark holder. Any transfer of the domain for consideration will typically satisfy the profit test.

More Info: http://en.wikipedia.org/wiki/Cybersquatting

 

[dmcowen674]

Originally posted by: jjones
http://www.icann.org/faq/#udrp

Nothing on there of any help.

 

[dmcowen674]

Originally posted by: Unheard

Originally posted by: dmcowen674

Originally posted by: Unheard
Next time watch where you search for availability on your domain name. Lots of the shady places turn over there whois records to domain squatters.

Unless your business was pre-existing, and you can prove this guy is not going to use the domain for anything but selling it, you're SOL.

Pre-existing, he has no business grabbing the name.

He lives around the corner and thought he can make money off me by grabbing it.

If what you mention here is true then he is squatting your domain and you have a legal right to go after him.

The ACPA is a federal law that took effect in November 1999, in order to preclude bad faith registration of domain names. This new domain name dispute law is intended to give trademark and service mark owners legal remedies against defendants who obtain domain names ?in bad faith? that are identical or confusingly similar to a trademark or service mark. In order to win a case of cyber squatting, plaintiff must prove that defendant has a bad faith intent to profit from the mark that is identical or confusingly similar or dilutes plaintiff?s mark. The key element is that plaintiff must prove that defendant has?bad faith intent to profit from the mark.? What this means is that if defendant merely registers the domain and does nothing with it commercially, plaintiff will have a difficult if not impossible time proving bad faith. Typically, intent to profit is shown by the use of the domain as a commercial site which sells goods or services. For an alleged domain violator who does not develop a website, bad faith intent to profit is often shown when the defendant tries to sell the domain name to the trademark holder. Any transfer of the domain for consideration will typically satisfy the profit test.

Thanks

How do I start this ACPA action?

 

[Unheard]

Originally posted by: dmcowen674

Thanks

How do I start this ACPA action?

http://en.wikipedia.org/wiki/Cybersquatting has more information on it.

Edit: More directly, http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act

 

[dmcowen674]

Originally posted by: Unheard

Originally posted by: dmcowen674

Thanks

How do I start this ACPA action?

http://en.wikipedia.org/wiki/Cybersquatting has more information on it.

Edit: More directly, http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act

That's a start.

At least the Registrar is in the same state.

I contacted the CEO of the Registrar and he didn't give a crap.

Here is his response about ICANN:

"No. the UDRP process is to protect service providers. Please follow it."

 

[Mardeth]

I bet it was a republican. Right Dave?

 

[dmcowen674]

Originally posted by: Mardeth
I bet it was a republican. Right Dave?

As a matter of fact, yes

 

[dmcowen674]

Originally posted by: Unheard

Originally posted by: dmcowen674

Thanks

How do I start this ACPA action?

http://en.wikipedia.org/wiki/Cybersquatting has more information on it.

Edit: More directly, http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act

I don't see how to start the ACPA. go to the nearest Federal Court?

That sould be Oklahoma City for me which is about 5 hrs away.

It is also where the Registrar (Catalog.com) is located.