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How to get our domain back after the web designer went out of business

         

blueheelers

10:58 pm on Feb 13, 2007 (gmt 0)

10+ Year Member



I am helping out a family member with recovering their domain name for their business and wanted to seek some advice.

Situation:
They had an ad agency make a website for them. The domain was registered by the agency in their name. The agency has gone out of business, the phone numbers are not answered, and the agency's domain has been picked up by domainers/squatters (it is being parked now).

How is the best way to get the domain back in their control before it expires this summer? Waiting for it to drop or choosing a new name isn't an option because the domain is widely used.

Thanks

Webwork

11:14 pm on Feb 13, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Businesses are people. Find the people. Pay the people for their time to help resolve the problem. Just because the particular company is defunct doesn't mean there are no solutions. Find the people, by whatever means you must, including business record and business filings searches, etc.

Money talks. Lawyer letters also, sometimes, help.

I don't have a specific road map for you but there are often a myriad of ways to track down ex-business operators and to get them to do the right thing.

LifeinAsia

11:42 pm on Feb 13, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



It's not likely to help much, but you can try contacting the company where the domain is registered and see if they have any procedure for such a situation.

rocker

12:42 am on Feb 14, 2007 (gmt 0)

10+ Year Member



When doing a whois search, what email address is listed as the contact info? Is it @domainagency.tld? Also is the website still active?

blueheelers

1:10 am on Feb 14, 2007 (gmt 0)

10+ Year Member



Webwork:
I was thinking about trying to call around but didn't know if that would wake up a sleeping opportunist who would then want more for the domain. It still may be worth checking

rocker:
The WhoIs shows the agency's address, name, phone, and E-mail. Our family member is nowhere on there except in the domain (it is <hislastname>profession.com). The website is a typical parked page with AdSense with an asking price between $1000-$2000.

I thought about trying to buy the domain and see if I could figure out how to get into the account from there (lost password, lost login, etc). That would be an expensive trial-and-error.

Is there a way the registrar can go to the website and use the contact information there to verify ownership? The website has the family member's physical address, E-mail, and phone.

Thanks for all the input

Marcia

2:32 am on Feb 14, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



"<hislastname>profession.com)."

Can you try on a trademark issue?

As I understand it, it's nothing more that squatting for anyone to own it and profit from it. The person established in doing business behind smithwidgetmaker.com would have established a common-law trademark by reason of use - which would have to be protected by objecting to its use by others not entitled to use it.

A trademark attorney is in order, but you can do some good background research at www.chillingeffects.org

[edited by: Marcia at 2:34 am (utc) on Feb. 14, 2007]

rocker

2:49 am on Feb 14, 2007 (gmt 0)

10+ Year Member



I thought about trying to buy the domain and see if I could figure out how to get into the account from there (lost password, lost login, etc). That would be an expensive trial-and-error.

When you get the domain set up an email account that matches the one in the "whois" info, then request a change of registrars. When you receive an authorization email, approve the transfer. However if the domain status is locked you will have to contact the registrar to send you login info to remove the lock. Since you now control both domains you may convince the registrar to co-operate.

Also, I wonder how many other websites are in the same situation as you and how they are dealing with it?

gpmgroup

10:52 am on Feb 14, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I thought about trying to buy the domain and see if I could figure out how to get into the account from there (lost password, lost login, etc). That would be an expensive trial-and-error.

Without obtaining consent from the defunct agency or their administrators its probably illegal too. Like Webwork suggested try and contact the owners of the former agency.

smartpc

4:53 am on Feb 23, 2007 (gmt 0)

10+ Year Member



This happened to a friend of mine owns a business, the web designer didnt respond at all disappeared, couldnt get the url back till it dropped

blueheelers

9:13 pm on Feb 24, 2007 (gmt 0)

10+ Year Member



An update on the situation.

We were able to FTP into the account and update some of the content on the pages. That fixed the short term problem.

We contacted the registrar and they will let us pay the renewal fee even if it is not in our name, so we can extend the domain.

The 2 options they gave us were to
1) Get ahold of the person at the agency (one-man shop) who registered the domain
2) File a domain dispute request

I think the #2 is our only option. Has anyone tried this before? If so, how much does it cost and how long does it take?