Who did you register through? If Network Solutions, get them involved. Another source for help may be ARIN (American Registry of Internet Numbers?), do a search for ARIN on google.
Has the name been used by you for the last 6 years, or you just have it registered? If it has been used by you, your case is much, much stronger, particularly when speaking with the registry agent.
As for legal advice, go through the registry company first before bringing up any legal stuff, and do not contact the "thief" until you have exhausted all amiacable ways of dealing with this issue. The "thief" may be quite innocent, and was able to register the name becuase you did not register it in a timely manner.
If you find you will need an attorney, usually a semi-nice letter from an attorney takes care of issues, but let the attorney do all the talking, not you.
Hope that helps,
WFN :)
After reading the other post, Artist, then apparently this other webmaster did have access to your account, is this correct?
Please, I understand your frustration, and we will try to help, but no more ranting.
Yes, apparently so. He did not disclose this to me however. The billing statments came to my office and home address on the Whois, My name was listed as the Admin contact, Tech Contact, Zone Contact, and Billing Contact. Even my phone number was listed in the Whois data.
A call from NSI would have been nice before the transfer.
Sorry bout my ranting....3 weeks of this has crushed my business.
Thanks for the reminder. I will turn it off :)
Did you pay the webmaster, or did you pay NS?
The payment record is very important. If you have proof of payment, NS should respond. How are you contacting them, only through email? Get a phone number, and ask for someone with authority to look into this - do not threaten NS, kindly ask for immediate help - and you will get somewhere.
Hope that helps, WFN
If possible get NS and TC on the phone at the same time with you and see if you can get some results on getting the name transfered back.
Once you get it back you should call NS and have them lock the account. (If this is possible)
I have received similar billings in the mail about some of my domains. The old, "Time to renew yourdomain.com, send a check for $$ payable to Slimy Company." then in REALLY small print it says that paying the bill will transfer the domain to them, blah, blah, blah.
Also, if you go to call an attorney, look for someone who specializes in Intellectual Property. They may be able to tack on some copyright or trademark issues for you.
The first thing to do is remain calm. Collect your ammunition, get all your facts, get proof that you've been using the domain, save Google cache, Wayback Archive copies etc. Do a link:mydomain.com in Google, domain:mydomain in Inktomi etc and collect the SERPS of sites who link back to you. If you've advertised your site/business get copies of all those ads and copies of any trademarks you own in relation to it. Do all of that NOW.
Then do your research on the legal issues. Check ICANN procedures etc and go through them in detail. You'll have to prove three things:
1. That you have a legitimate interest in the domain
2. That he doesn't and
3. That he is acting maliciously.
ALL three have to be proved to the satisfaction of the arbiter if you do go to arbitration. The third one is the most difficult. "Thief", "Rogue" etc won't help. However, if you find on ICANN's site that he was subject to similar proceedings before you may acquire some more ammunition.
Don't waste any time. The earlier you start the better.
Do all of that and then sticky me and I'll give you some more advice on how we won our case.
I am not a lawyer - just someone who's been there before. My advice doesn't count as official "legal" advice
[edited by: Macro at 1:30 pm (utc) on July 31, 2003]
All the "contacts" don't really mean anything. Contacts aren't necessarily the owner of the domain.
(Important Question Follows...)
Were YOU ever listed under "Registrant" in the Whois database?
IOW, is it possible that he originally registered the domain in HIS name and simply listed YOU under all the "contacts?"
Artist, that cost was mainly arbitration fees, photocopying, couriers etc. It was cheap because I did it all myself.
I think - and hope - that you will have an easier ride. Perhaps NS will get back and say that they don't seem to have followed proper procedure in this case and are therefore "returning" the domain to you.
While waiting for them to get back learn the NS procedures inside out. That may help you to argue your case to get it back without going through the hassle of arbitration.
Once you have it back my advice would be to not chase for any lost earnings or compensation for the NS mistake. Just be glad, throw a party, maybe even invite us :-)
Good luck
I hope he isn't in the process of re-selling the domain to make a fast $, leaving you to hash it out with the new owner.
He is doing this for money
Get some evidence of that. If he emails you requesting payment for the domain AND if it's more than a few dollars then Bingo! you've cleared point 3 of the ICANN rules I explained earlier. If he asks for something just to cover costs - like $50 - paying it may be your quickest route to resolution.
Bear in mind that you can't "entice" him to send you such a mail requesting money. If you do "entice" him ...do it on the phone rather than by email ;-)
One of my company's domains accidentally dropped and was re-registered. I contacted the guy, and he transferred it back to me immediately for the price of the registration.
Try calling or emailing this person before going to Netsol, and you may find that there is no problem at all.
Hello xbase234
Well, the day after i had discovered the transfer i found him online.
At this point i did not realize that he was the one who did it. So i sent him an instant message telling him that someone had transferred my Domain Name. DUH!
I asked him in the IM if he knew anything about it, and if he could help me get to the bottom of this. He did not answer any of my questions, or respond at all. I thought that was odd but maybe he was away from his computer...
So i asked him if he finds out anything to let me know asap.
The second time I tried to IM him, i discovered that he put a block on my IMs to him, as well as an email block. Then i knew that he is the one.
So you see that he is trying to hold on to the name, and he will not talk to me. It is the most bizarre situation i have ever been in online.
He is acting like a child. My only explanation is that since he has worked alone for many many years as a programer, he has forgotten how to treat others how he would like to be treated. I searched his name online and found all kinds of self-righteous comments by him on ethics and morals in conducting business in the www.... Like i said, bizarre. I think i could easily get his attention with the signed letter that he wrote to me back in 1997. In the letter he writes that he was shocked to see that the Domain Name i asked him to look up was still available. He then writes that i should reserve the domain name without delay because someone else may get it first.....
The name was registered to my company three days later.
I have the whois that shows this from day one.
sex.com set the precedent, so it should be better for you.
