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Thread: Domain name sitters...? What can we do?

  1. #1
    Phantom Flasher... Markp.com's Avatar
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    Domain name sitters...? What can we do?

    Are there any links or sites that have information on moving a domain name sitter? Someone that has no use for a domain, but is squatting there and even advertising the fact that they'll take offers on that domain.

  2. #2
    Retired Mod aversion's Avatar
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    which country is it for mr moderator sir?

  3. #3
    Phantom Flasher... Markp.com's Avatar
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    Where the site is reg'd or where I am, or what domain extension?

    reg'd: usa
    I am: uk
    ex: .com

  4. #4
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    round them all up and shoot them!!
    actually I am in this boat too... I thought about buying the name I wanted off the dude, but well I couldn't be bothered with the hassle of transfer (both funds and the admin stuff)

  5. #5
    Phantom Flasher... Markp.com's Avatar
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    Yes but I'd rather take someone to court than just give them $500 for a domain name! Its so obscure, its not even anything they could legally claim as theirs!

  6. #6
    Retired Mod aversion's Avatar
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    there is a claims proceedure you can go through to stake your 'just' claim to a particular domain. If it's a .com take a look around icaan.

    you should be able to keep any domain dispute out of court.

  7. #7
    Phantom Flasher... Markp.com's Avatar
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    Cool... all I need do now is register a copyright

  8. #8
    New Wave Visionray's Avatar
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    I hate those bastard squatters.

  9. #9
    Lunch is for wimps. erova's Avatar
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    hold up, you mean you just want someone's domain name and you think you should have it because you'll use it more than they are?

    no court's gonna hold that up, and i wouldn't bother trying. it would be different if you were george steinbrenner and someone had the url www.newyorkyankees.com, but i seriously doubt you can poach someone else's URL that they paid for on the basis that you don't like what they do with it.

  10. #10
    Juvenile Delinquent CVO Chris's Avatar
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    But there are people who take about 50 domain names and fill it full of pop ups etc until someone comes along looking to purchase.

    I guess it's the equivalent of buying tickets to a sell out tour of a band you don't really like and making the reals fans pay more for something you only brought to make money. S'not right...

  11. #11
    Lunch is for wimps. erova's Avatar
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    i'm not saying it's right or ethical at all, but just doesn't seem like firm legal ground to take a stand on, that's for sure.

  12. #12
    http://www.flipshark.com flipshark's Avatar
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    not that I like it but you have no legal recourse, and virtuaklly no course of action other than to wait for the domain name to expire(or to buy it from them).

    As far as domains go it's first comes first serve you could even register microsoft.com if you site was about soft micros (and if you had the money too fight it in court)

    That's why some sports sites (since you mentions the yankees) the teams are forced to use something like NYyankees.com or just yankees.com. (not an actual example.. but I know some NFL teams have other sites using their name and even survivor.com was not related to the show)

  13. #13
    general rule bender Gloomycus's Avatar
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    b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph
    4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel
    to be present, shall be evidence of the registration and use of a domain name in bad faith:

    (i) circumstances indicating that you have registered or you have acquired the
    domain name primarily for the purpose of selling, renting, or otherwise transferring
    the domain name registration to the complainant who is the owner of the
    trademark or service mark or to a competitor of that complainant, for valuable
    consideration in excess of your documented out-of-pocket costs directly related to
    the domain name; or

    (ii) you have registered the domain name in order to prevent the owner of the
    trademark or service mark from reflecting the mark in a corresponding domain
    name, provided that you have engaged in a pattern of such conduct; or

    (iii) you have registered the domain name primarily for the purpose of disrupting
    the business of a competitor; or

    (iv) by using the domain name, you have intentionally attempted to attract, for
    commercial gain, Internet users to your web site or other on-line location, by
    creating a likelihood of confusion with the complainant's mark as to the source,
    sponsorship, affiliation, or endorsement of your web site or location or of a
    product or service on your web site or location.

  14. #14
    Lunch is for wimps. erova's Avatar
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    let's assume that quote is from a legal source that has universal enforceabilty.

    that quote (whever it's from) would be great if markp already owned the trademark name that was integral to only his business, but he's already said that's not the case (he even suggested trademarking the name after the owners had already bought the domain--good luck on that one too)--he just wants it from the way i understand it.

    i could easily put on my site *anyone who wants to buy www.erova.com for ten billion, gimme a call* and that doesn't mean someone can take it away from me. and i could easily also say that i run a legitimate business promoting casinos, porn or petunias.

    he's also said it's so obscure that it clearly won't fulfill sections 2, 3, and four of this uncited quote.

  15. #15
    Phantom Flasher... Markp.com's Avatar
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    Nope, you are missing the point here...

    It IS one of these idiots that register a few thousand domains, fill it with popups.

    Its not a domain that anyone else could want and means nothing unless you are me, or connected with my projects in some way.

    I am considering rebranding and will probably end up doing this, I was just seeing if there is any legal recourse I can persue first.

    From Miles' post above, it looks as though thats the case...

  16. #16
    Retired Mod aversion's Avatar
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    Originally posted by erova
    let's assume that quote is from a legal source that has universal enforceabilty.
    It's not a legal issue though. ICAAN has the last say in who gets what, .com domain names and others are all owned by them, people merely rent them for a time and that rental includes clauses about the usage of the domian name.

    If you think you have a fairer claim on the domain than someone else then you can register with ICAAN for a domain name dispute where they will arbitrate and make the decision.

    There's nothing to stop you suing in a court of law if you don't like the decision but it's a waste of money, I don't think any dicision in a domain name dispute has been overturned.

    But you do have to have an established right to that name.

  17. #17
    Pirate Cowboy MrChuckles's Avatar
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    On a marginally offtopic, (but related) thread, I recently wanted to register dropout.com for a magazine that I am involved in. I contacted the registrants of the site, and they came back with the figure of $6000 for the domain name. OUCH!

    In the email I received with their price they stated that they had no use for the site, as all of their ideas had come to nothing.

    I ended up registering another name instead
    drop-out.co.uk

    </SPAM> (although the site is nowhere near started, never mind finished )

    What would you have done in this situation?
    Blog
    What's your $@~**** problem?

  18. #18
    Señor member
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    I thought this was a rather interesting article on the subject:

    http://www.vnunet.com/Print/1104520

    The last paragraph is particularly amusing
    Company, Meet Creative
    sign up, help spread the word and win a shuffle.
    ------------------------
    welcomebrand

  19. #19
    New Wave Visionray's Avatar
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    I have a question related to this subject if someone could please answer this.

    I've been looking at a domain name for awhile now that a squatter has. If I go to look up the domain I get this...




    Notice that is says it expired four days ago. But when I check the availability, it says that it is already taken. Anyone know how this could be the case? How do I get this domain?

    Thanks

  20. #20
    Retired Mod aversion's Avatar
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    Originally posted by Visionray

    Notice that is says it expired four days ago. But when I check the availability, it says that it is already taken. Anyone know how this could be the case? How do I get this domain?

    Thanks
    I've seen this before with domains I was looking at and was told there's a 'cooling off' period for the owner of the domain. It varies from service to service but it's at least 30 days I think.

    Call the registrar for that domain and ask them what their policy is.

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