Legal rights to a domain

baggss · Dec 22, 2007

Ghostshadow said:
I've been thinking about doing that with www.knoxware.com, some chode bought the domain out from under us and doesn't use it. The thing hasn't been updated in years, it's set to expire in a couple years, i tried e-mailing them and they don't respond. It really sucks when some one takes what's rightfully yours, as soon as I can get a chance at that domain it'll be mine!

I have to ask, but how is it "rightfully" yours. They bought it, so it's theirs. The courts have been sort of wishy-washy on the whole "Cyber Squatting" issue and big companies often have to pay $$$$ for lawyers and settlements to get what they want even.

joe.morgan · Dec 22, 2007

thanks larry. ill look into it. Im just hoping the owner doesn't decide to renew it and sit on it for about 10 years!

*UPDATE* so its hosted with http://www.dotster.com/, tried searching through their support and help but yet to find anything. If anyone is with dotster do you know what the grace period with domains is?

LWC · Dec 22, 2007

From the dotster site:
Pursuant to the Registration Agreement, registration of a domain is not valid once a domain expires. We reserve the right to take possession of any domains immediately following expiration. You still may be able to register the domain within 35 days of the expiration date. Please contact Customer Support to register an expired domain.

Dotster's renewal process:

1. 60 days* before your domain expires, Dotster will send notices reminding you to renew the domain. The exact expiration date can be seen in your account.
2. If the domain expires, it may still be maintained in the registration database for a 5-day* grace period where it can be renewed at the normal renewal price. During this time, all services such as hosting or e-mail will not be active.
3. After the 5-day grace period, the domain will be deactivated and placed into a 30-day* Redemption Period. (NOTE: Some domains may not make it to the redemption period if they are purchased by a third party. Be sure to renew your domains before they enter redemption status.)
4. Once the Redemption Period has elapsed, the domain may be registered by another party.

* Number of days stated in the domain expiration/redemption explanation are approximate.

joe.morgan · Dec 22, 2007

ah! thank you for LWC, where did u find that? been looking for ages!

LWC · Dec 22, 2007

On their renewal page: http://www.dotster.com/domains/renew/
look under What happens if I don't renew my domains?

tobywuk · Dec 22, 2007

I always use http://www.namecheap.com and find them very good. They are also the cheapest prices I have found

Eric559 · Dec 22, 2007

tobywuk said:
They are also the cheapest prices I have found

http://www.hostway.com/

joe.morgan · Dec 22, 2007

i have never been tempted by cheap domains. i go for quality and reliable service even if it comes at a price. You pay for what you get for really, thats why i switched to dreamhost last year and never looked back

joe.morgan · Dec 24, 2007

the owner just renewed it for 1 more year. Guess ill have to wait another 12 months!

karudzo · Dec 24, 2007

It's probably set to auto-renew via someone's credit card, in which case you may be in waiting indefinitely. My advice- find another domain name.

joe.morgan · Dec 24, 2007

i have a whole list of domains i wanted to use. 90% of them have already been bought and are just sitting there! bloody internet geeks!

joe.morgan · Jan 6, 2008

so ive tried emailing him again and had no reply. now what can i do? What happens with godaddy will that run out after a certain amount of time or just keep going until i get the domain?

MACyMouse · Jan 7, 2008

Seriously.... I would use another domain name.

There are people out there who buy domain names just for the sake of having them and then selling them to someone who wants it. For instance... my company wanted a domain for their business but someone bought it and then tried to turn around and resell it to my boss for an obscene amount of money... not worth it...

Does this person use the domain name? Nope!

MegaRoss · Jan 7, 2008

There are companies which guarantee to get your chosen domain name as soon as it expires, I think they have people sadly waiting for that millisecond or something.

joe.morgan · Jan 7, 2008

i made a list of over 100 other domains i would want instead of bekids... and they are all taken. annoying thing is.. 80% of them aren't even being used for anything other than bought for profit!

joe.morgan · Feb 20, 2008

Hi All,

I was wondering what grants you legal rights to a domain name. More specifically a .com domain name? Trademark? Registered company? Any information would be most appreciated

Thanks,

Joe

baggss · Feb 20, 2008

As far as "legal" rights go, it still seems to be first come first serve. Cyber Squatting has been big but the legal precedent has been set that if you are not using it you may lose it. If you are using it however....

As long as I have the domain registered and can show reasonable use it seem to be pretty much mine.

Village Idiot · Feb 20, 2008

baggss said:
As far as "legal" rights go, it still seems to be first come first serve. Cyber Squatting has been big but the legal precedent has been set that if you are not using it you may lose it. If you are using it however....

As long as I have the domain registered and can show reasonable use it seem to be pretty much mine.

I think at least on ruling shows that if you purchase the name with the intent to make a profit based on another company, then you don't have a right to it and it can be awarded to the company who's name it is. It's goofy to me, but I guess it's fair.

Like with Vista.com

It is/was a domain for a business. Windows could not legally usurp the name since Vista.com has been around for a while and they're using it for their business. If Vista.com would have been bought just to be sold to Microsoft, then it would be another story.

Don't get me wrong, companies will still try and take a domain regardless. There was the problem with something like nissan.com where a japanese business man had been running the domain for his computer business and his computer business had been around since before Nissan was Nissan and since it was Datsun. Nissan sued the japanese man and I believe at the last look, there was an injunction against the domain where the original purchaser couldn't use it, but it had not been awarded to Nissan.

It's all really screwy...

joe.morgan · Feb 20, 2008

basically there is a domain that someone has owned for around 10 years and tt pretty much just sits there collecting cyber dust.

I own the .co.uk address and tried to use godaddy over christmas to get the .com but he extended it for another year.

Now I emailed him asking how much he would like for it and his response was: Its not sure sale but if you have legal rights to the domain we can arrange a transfer.

Any ideas?

Thanks again

Thyamine · Feb 20, 2008

I'm not a lawyer, but given the length of time he's owned it, I don't know there's much you could do unless you've had a claim to a copyright/legal rights/etc from before the point he purchased it.