Re: Internet domain issue

Ramon F Herrera wrote:
On Dec 14, 7:15 pm, richard <s...@xxxxxxxxxx> wrote:
On Fri, 14 Dec 2007 14:37:58 -0800 (PST), Ramon F Herrera

<ra...@xxxxxxxxxxx> wrote:
Hello:
I have a domain which I believe to be rightfully mine. It is
registered under my name but a company was using it, as part of the
services that I provided them. The company in question was acquired by
a bigger one and they sent a request to the Internet name registrar
asking for a domain to be transferred.
AFAIK I have to do nothing, right? The burden of proof is on them,
correct?
TIA,
-RFH

Check with your registrar. If it is yours 100% then you will have the
username and password to make changes.



I have the username and password to make changes but I have allowed
this company to handle their own DNS servers. Things have changed and
I am Mr. Nice no more.

Did you actually pay for the domain name or did you buy service which
included the name? In some cases, the hosting company actually owns
the name.


I am the hosting company, they paid me a service which included the
name. I have dutifully paid for the domain for about a decade.

If you are the rightful owner lock stock and barrel, then notify the
registrar to "lock" the domain so it can not be transferred.

This is a great idea. Network Solutions notified me of the request and
I told them that I consider the domain to be mine and I intend to
defend my ownership.

If you
still have an issue over it, contact "ICANN" as they are in charge.
You could possibly also address complai...@xxxxxxx and have them look
into it.


Network Solutions sent me plenty of resources, even the URL of an
international (.int) organizations that handles this kind of dispute.
Network Solutions informed the third party that in order for their
transfer request to proceed, they will need to provide either:

- a court order.
- a notarized document between me and the third party.

So the company in question will have to persuade either a judge or me.

Is the domain name same as your email shown above?

No.

My main concern is what else to do. Should I just sit on my hands
waiting for them to make the first move? Your "locking" suggestion
makes a lot of sense, I believe that has already taken place, but I
will contact the Internet registrar just to make sure.

Any more comments are welcome...

-Ramon



There are two ways they can go.

#1: They sue you for the domain name. You were their hosting company
and they might be able to make a case that you were their agent.

#2: If the domain is their company name or another trademark that they
have then they can have the domain locked until the trademark issue is
resolved by the dispute resolution process, See

http://www.icann.org/udrp/udrp-policy-24oct99.htm

especially paragraph 4C.

The actual people who do it is at

http://www.wipo.int/amc/en/domains/

.

Relevant Pages

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