Domain Name Legal question.

A webmaster stole my Domain Name i had for the past 6 years.

[Artist]

A webmaster has stolen my company Domain Name that i have had for the past six years. He transferred it last month.
I have all docs that show that i am the legal register.
My name, and company name has been on the WHOIS data for the past six years. I have printout of this WHOIS information. I even have a signed letter from this webmaster from 1997. In the letter he writes that i had better act fast to register my Domain Name before it is gone. Then he writes that he will help me to secure the name. The letter is dated three days before my Domain Name was registered under my name. I have the WHOIS that shows this as well.
Is their any legal action i can take against this thief?
Is this not fraud?
What do you honest webmasters think i should do?
Any thoughts on this mess would be of great help.
Thanks.

[Artist]

Penfold25
I bet i can sue em.
To date i have collected all i need to do just that.
I am working this "new job" in stages.
First stage is to get my Domain Name back.
Second will be to calculate damages. My CPA will then need to weigh in.
Third is to meet with my legal pro.
Fourth begin the legal process.
This will probably take a long time to see thru.
unless he pays me to go away.

[Artist]

This whole mess has been a very painful education for me.
Today I find myself playing the role of Domain Name detective.
One of my first tasks has been to locate a legitimate home address for this individual.
This was initially difficult due to the fact that he has entered all bogus contact information in the Whois data for his many Domain Names and Internet ventures.
Even I know that 1234 Elm Street is not on the map.
And 555-1212 is a for information purposes only.
But after persistent digging, I have pinpointed his exact location.
I can even look into his backyard via satellite imagery:)
I would much prefer to be working on my own business at this time.
But this person has prevented me from doing so.
As a "creative" during these hard economic times we find ourselves in, I need every day to market and promote my services. I just spent the last year and a half redesigning my web site from the ground up. My intentions were to launch the updated site on Aug 1st in anticipation of the upcoming holiday season. Its like if you make business plans that you hope will help keep the lights on, and food in the kitchen, you may as well just expect to do the opposite to survive. Because someone, something, or some event is bound to get in your way.

[jaski]

Hey Artist .. please correct me if I am wrong .. but I have read this whole thread .. and to me it seems that all he has done is changed the registrar and DNS servers .. if he is registered as tech/admin contact, he can do that .. but if you/your company is registered as registrant then the matter is not as serious as what I believe you believe. If what I have undertood is correct then you can get the admin/tech contacts changed by contacting the current registrar (NS/Tucows whoever it is) .. The procedure might be difficult but you have not lost the domain.

[Artist]

Jaski,
Hmmmmm.....
He is not registered as the tech/admin contact. Never was.
He made the transfer to Tucows, And changed all the Whois data.
Also listed his email address as the new contact email.
In addition, he paid up the Domain Name till 2005.
Today their is a Lock on the Domain Name as well.
I cannot do a thing until someone with the authority "unlocks" the Domain.
I have been in contact with Tucows. I have an email from them that says>
"Since this domain record subsequently and changed ownership info to what is apparently an invalid if not at least "suspect" Registrant, I would like to fast-track this matter with some documentation on your part that will serve to expediently resolve this issue."
They have since been provided with my documentation.
The ball is now back in the NS court. Currently my claim is in the NS legal dept.
So I have been told.
I predict that I will get my Domain Name back at some point. How soon seems to be up to the two Hosts.
So I am not sure your idea will work. But I do not think that I need to convince Tucows that I am the legal register of the Domain Name any further. They have viewed my overwhelming evidence that shows my claim to be true.
NS has been provided the same documentation as well.
So now on the one hand, Tucows says that it is up to NS to fix this. And on the other hand NS says that Tucows needs to fix this.
Aint this kinda funny?....
I'm not laughing anymore.
But anyway you cut it now, I have been out of work for 21 days to date....and counting.
I do not know to many people that can afford this long of a down time.
Except maybe the individual who has done this dirty deed.
But again, you make an interesting point.
I would not mind keeping my Domain Name at Tucows.
The contact info in the current Whois would just need to be changed back to me.
Thanks Jaski.

[ogletree]

Actually you answered your own question. If the whois info is bogus he is in trouble. Look into that. You are not allowed to have bogus whois info.

[Artist]

Hello ogletree,
I did point that false Whois data out to Tucows in one of my emails to them.
They responded with "Duly noted"
Do you know of anyone who got into trouble by providing false Whois info?
I did see that rule though...It will be interesting to see if Tucows contacts the individual who has registered this false contact information regarding the transfer of my company Domain Name. I am wondering if they have the authority to implement a some kind of punishment with teeth.
I must say that Tucows as been good & sharp to date. They called me personally only minutes after they had received my faxed documentation that they had requested.
Thanks ogletree.

[PatrickDeese]

>> Do you know of anyone who got into trouble by providing false Whois info? <<

I know of a site that was recently revoked from the owner who had supplied completely phony domain name info. I believe the domain was reg'd with Tucows, and their rule is that they have to give the registrant 15 days to supply valid information, after which time they revoke ownership if the record has not be corrected.

[Artist]

>>I know of a site that was recently revoked from the owner who had supplied completely phony domain name info.<<

Now that would make my day. The person in question has all false contact information in the Whois data for all his Domain Names.

[Artist]

I have never gone thru the process of transferring a domain name to another host.
I am wondering how this process works.
Are you asked to confirm your identity? Do you need to provide any proof of being the legitimate Domain Name holder? Are you asked to provide some kind of Government issue photo ID? A Social Security Number?
Does the host call you to confirm the transfer?

[ogletree]

It does not take much. A lot of times if you have access to somebody’s email you can do it. Did he have access to your email? He might have been getting copies of your email. I think with network solutions all you need to do is make some company letterhead. If they have letter or faxes from him that were to be from your company you might be able to but him in jail for forgery. That is a big deal. I had a guy put in jail that took my credit card and signed my name. Credit card fraud and forgery. Felonies.

[Artist]

Yes, i have been told that the transfer was made thru email.
Then he must have created a bogus company letterhead if that is what was used for identification prepossess. Then he would have had to give my name, and confirm that he was me.... Seems a little to easy.

[lorax]

Artist I'm so sad to learn of the trouble you're experiencing. I do hope you get it resolved soon.

If I were you I would also report the webmaster to the Attorney General in his state and to your own AG. Send along the documentation. I would also have your attorney send a Cease & Desist letter to this guy formalizing your stand that the name is not his and he has no rights to use it.

And "Welcome to WebmasterWorld!" to those of you who never got a welcome. You must not hang out in the Forums I'm in. ;)

[D8aGrrl]

I'm a new poster, so I hope this helps :)

If you use a registrar and they have some pull at the registry, then that would be the option I would choose first.

Otherwise, it sounds like you have sufficient documentation to begin the UDRP process. ICANN provides guidance if this looks like something you would want to pursue:

[icann.org...]

Good luck! I've had to do these "corrections" when domains get transferred erroneously and they can be difficult.

[jk3210]

The problem I see developing is that, when push comes to shove, the domain-weasel will say "When I told Artist that 'I would register the domain on his behalf' Artist knew full-well that {{{I}}} would be the owner of the domain and I would simply be allowing him to use it while I didn't need it."

The problem comes down to WHAT DETERMINES WHO OWNS THE LEASE ON A DOMAIN --is it the person whose name is on the registry, or the person that PUT that name on the registry? Big difference.

All that bogus whois info some people put up when they registered domain #6,000, like "M. Mouse" at "D-land,".... does that mean they do or don't own the lease to the domain? Interesting question, isn't it.

Example (sort of):

You're walking down the beach one day with your camera and you see Pam Anderson coming the other way, so, you hand your camera to a friend and tell him to take a photo of you with Pammy. Guess who owns the rights to that photo....(Hint: it ain't you)

[Artist]

Hello lorax,
I will add the AG to the list.
A Cease and Desist will be in the works.
Thanks for the welcome! I am from the Art related Forums.
Someone said that "if it doesn't kill you, it will make you stronger"
All comments and suggestion's have been helpful.
Thanks.

[Artist]

Hi D8aGrrl,
I'm new to. I have been reviewing the ICANN information. I hope that this gets fixed before i get that far. It would be a waist of the ICANN procedures if my case got that far i think.
My 6 year old Niece could make a ruling in my favor from the Domain Name documentation i have. Even though i have read a lot of possible outcomes here, I am still very confident that my records prove my claim without any question. Just wish events would move faster.

[Artist]

"When I told Artist that 'I would register the domain on his behalf' Artist knew full-well that {{{I}}} would be the owner of the domain and I would simply be allowing him to use it while I didn't need it."

Naw, won't work. I doubt that he could use that argument effectively.
That would be about the time i pull out his letter to me written on 12-8-97.
In this letter he writes how i need to register the Domain Name before someone else beats me to it. His own written words show that he is not the Domain Name holder. The letter is signed by him with his company letterhead. I framed it.
The Whois data from 3 days later shows my company as the register, and my name as the Admin/tech contact. My company address, and my studio phone number is shown on the Whois as well.
He must have forgotten that he wrote this letter to me. Or maybe he thought that i tossed it out after six years. If he knew i still had this letter, i doubt that he would have pulled this stunt. The letter is rather overwhelming proof that he is not the legitimate Domain Name holder. It is a smoking gun.
I think he will claim insanity. That has got to be his only defense for his actions.

[ogletree]

I would try very hard to make sure he was put in jail.