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Suspended Domain for Invalid Whois
domain whois registration help
bigman1




msg:3687191
 9:03 pm on Jun 30, 2008 (gmt 0)

So a domain I am desperately trying to re-obtain from someone basically holding it hostage from me - and actually have valid legal claim to, but don't want to legally pursue (yet) - is currently under GoDaddy suspension for having invalid Whois information.


This domain name has been suspended due to invalid Whois information. If you are the registrant of this domain name please contact us at invalidwhois@secureserver.net
The company that owned the domain folded and the Whois registrar was obviously no longer with the company, so GoDaddy audited and suspended it.

The #*$!s have it registered till 2016, but have NOTHING on the site, and will probably not realize for a VERY long time that it is suspended, since they aren't getting the emails from GoDaddy and have had a dead site for the last year, so it looks the same.

Already put a godaddy backorder on it, but according to them, this won't work until AFTER the expiration. What else can I do to try and get this domain back without suing?

HELP!

 

Webwork




msg:3688039
 9:41 pm on Jul 1, 2008 (gmt 0)

Hello bigman1. Welcome to WebmasterWorld and the Domain Forum.

I have a question: If the account is suspended is GoDaddy nonetheless "parking the domain and pocketing the change"?

IF you have a valid and enforceable claim you might start by notifying GoDaddy to "take down the ads and cease and desist profiting from . . . (whatever claim you can support).

IF GoDaddy isn't making any coin from parking the suspended domain then maybe GD might be more amenable to canceling the domain.

I'm not sure I agree with GD's proposition that the domain can be tied up for years with an invalid WhoIs. You might want to reach out to ICANN for a clarification on that. It would seem to me to subvert one of the very reasons for the "no false info" policy, that is, to reduce spurious registrations that impair other people's rights or interests.

You might also have to file a "John Doe" WIPO complaint OR, perhaps, since someone paid for the domain you might be able to force GD to give up the information by filing a "discovery action" in GD's home turf . . and take things from there. The law does provide for remedies where a "real party in interest" is "in hiding" or hiding behind false info, etc.

P.S. We largely avoid giving legal advice, so there's really not much further we can go "in that vein".

paybacksa




msg:3692634
 9:11 pm on Jul 7, 2008 (gmt 0)

it would be very interesting to learn the details of what exactly was considered to be "invalid whois data" and the circumstances of GoDaddy taking it way. Can you share?

bigman1




msg:3692699
 10:23 pm on Jul 7, 2008 (gmt 0)

So a few more details:

The domain is the first names of two comedians "name1andname2.com" which a 3rd party marketing company bought for a major advertising campaign called "Name1 & Name2" back in 2004. They registered it until 2016.

Their contract and promotion are long over, and I have been working with those two comedians on their web presence. The marketing company (as it was then) has folded, and one partner holds most of the assets, including the domain. The domain itself is completely dead (no GD landing page), and has been for a long time.

Anyway, I realized that the domain and GD account was registered under a former employee, whos phone & email no longer worked, so I filed a complaint. I know that he will never notice the suspension, since the site has been dead for so long, and looks the same with the suspension, and he has no access (nor reason to access) that former employees email.

The domain went on suspension on the last week of June, and has been sitting in suspension ever since. After talking to GoDaddy today - they will give me NO information whatsoever about "suspended invalid whois" domains, neither general info or even specific to this instance. No help from them AT ALL. I have my backorders placed at Godaddy and Snapnames, etc, but I might lose my mind waiting this out.

He has been basically holding the domain hostage against us, in order to include him in future deals. He has been brutal in negotiations, and he knows that we really want our domain back. I could sue, but he has far more resources than us to fight it out. If I could get this out from under him because of the suspension, it would save us a ton of anguish.

Any suggestions on how to contact ICANN? I called their offices but they were no help on the phone, and like I said GoDaddy has been of little help either.

Philosopher




msg:3692709
 10:41 pm on Jul 7, 2008 (gmt 0)

Hmmmm...so the domain is actually registered to the former employee and not the partner? Or is it only the contact details of the former employee?

bigman1




msg:3692725
 11:02 pm on Jul 7, 2008 (gmt 0)

Actually, I had done some digging a while back, and realized that the contact details were of a former employee, and the actual godaddy account was under another person, their IT director, also no longer there.

Now, there is no contact info, just this:

This domain name has been suspended due to invalid Whois information. If you are the registrant of this domain name please contact us at invalidwhois@secureserver.net

bigman1




msg:3692726
 11:04 pm on Jul 7, 2008 (gmt 0)

And so no, this particluar domain was NOT under the partner.

However, interestingly enough, he has about 10 variations on that specific domain that are actually under him and his current company.

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