Domain name grabbing

It seems that the that with the introduction of two month grace period - the solution of the sort I wanted - the issue is largely over. Scroll down for a heap of materials on the subject. Feel free to write for information and advice.

Pasha
inbox@unclepasha.com

↓

A statement by oversee.net. As I understand now (to be verified) oversee.net is a kind of company that watches over domain names that become free, and sells them. My only humble request (which is a way of saying that I will keep on squealing till that happens) to them and their colleagues is that they have a clear policy and procedures that assure that "live" trade names freed up because of human or technical error be quickly and painlessly returned to where they belong. Same applied to buyers of of thus obtained names (www.xcsquare.com in this case), and DN registrars (www.onlinenic.com).. From what I hear www.xcsquare.com continues grabbing active names and offering them for sale, and onlinenic.com ignores protests. And victims of this practice continue following all kinds of questionable advice instead of plainly explaining the situation and, if necessary, escalating it to ICANN, courts or whatever..... - Feb. 7, 2003

 

----- Original Message -----

From: Nicholas

To: inbox@unclepasha.com ; paul_voytinsky@yahoo.com

Sent: Friday, April 11, 2003 4:48 AM

Subject: Grabbing Domains

 

I did read your web page, I don't understand why your shifting the blame to the domain buyers, or grabbers as you call them,  the buyers are simply buying expired names that the original owners failed to pay, I buy expired names all the time, not to profit, but because all the good names are taken,  give us buyers a break........were the ones paying.

 

Also, it now takes over 2 months to obtain a expired name,  in which the owner has a 45 day grace period,  if he doesn't know his web site is down for that long, maybe he shouldn't own it in the first place. 

 

Nick

    

January 18, 2003 update

description:
Domain name grabbing and recovery. Story, advice, links to legislation, court practice....

key words:
domain name grabbing, trade name abuse, trademark abuse, domain name, xcsquare, domainsponsor.com, xcsquare.com, oversee.net

People! Thank you for your help and your input. I have a lot of materials on the subject, and solemnly promise to develop these into a coherent story. For now feel free to ask for advice...

Just heard in the local (Russian) news that whereas courts didn't consider domain name disputes period, now they need trademark registration. No registration - no legal protection, and common sense is of no concern to courts. Sucks.

Send comments to inbox@unclepasha.com, paul_voytinsky@yahoo.com or post them at http://www.b2g4.com/boards/board.cgi?user=unclepasha 

OF COURSE I WILL SHARE INFORMATION AND EXPERIENCE WITH ANYONE WHO FELL IN THE SAME SITUATION.

The main thing:
CHECK WHEN YOUR REGISTRATION EXPIRES!!!
BUT IF YOU'VE MADE THE SAME MISTAKE WE DID,
PERHAPS OUR EXPERIENCE WILL HELP..

 

DOMAIN NAME GRABBING

The situation. You have a site that draws you 3/4 of your clients. One day your mail stops and a porno directory pops up in response to your URL. Chances are you allowed your domain name to expire and it was grabbed to generate traffic to sites of questionable content. People you turn to, including your ISP, say that nothing can be done. Suicide or escape to Patagonia start looking like attractive options.

Why I am writing about domain name abuse. Domain name grabbing  is a growing problem. In fact, my brother, a Russian travel and business consultant, fell victim to a typical site grabbing scenario in November 2002. We had to become experts in the field, recovered the name, and will be pleased if our experience helps others (a) to avoid lapsing into this situation or (b) to get out of this predicament painlessly and inexpensively. On a larger scale we want to attract awareness to this issue...

Some technicalities. What is DN grabbing. How it is different from DN hijacking.  How it is done. Why it is done. By whom it is done. For whom it is done. Tracking expired DNs.. What happened in this case. Post a reminder to re-register your name on the wall!!... How to find who grabbed control over your DN...

CONCLUSION NO. 1
DO NOT LET YOUR REGISTRATION LAPSE.
YOUR NAME IS ONE OF YOUR KEY ASSETS,
AND KEEPING YOUR DN REGISTRATION VALID
IS TOP PRIORITY.

First steps

After it happened. Step-by-step action plan to get your name back.   [inform contacts, temporary site, letters to interested parties (use same text to save time; sample text), escalation plan [letter, letterS, calls, registered letter, letter from a lawyer [link to lawyers], sources of support.... Who helps the offender: name register and host don't want negative publicity. Other victims: how to locate them. EVASION TECHNIQUES USED BY GRABBERS. Don't underestimate the important of a good squeal. Other examples: My encounter with Russian tax authorities, DJ vs. insurance company.... The moral: do NOT suffer in silence. Counter examples: that poor guy from Moscow, musicians....]

Legal situation. After its registration expires you domain name is available to anyone. That does not mean that your TRADE NAME is up for grabs. If you registered a generic name, eg. roaches.com, dedicated to your hobby, it may be grabbed by anyone after your registration expires. If you own a shop with a sign Roaches R Us, and your domain name roaches-r-us.com gets grabbed by someone who has nothing to do with roaches, we have a clear case of trade name abuse. In our case "Uncle Pasha" was used as a trade name for several years, the fact evidenced by letterheads and official business seals and other paraphernalia. The grabber, an owner of several porno and gambling directories, had no legitimate interest in unclepasha.com  There are and can be no laws against domain name grabbing, but your is protected by trade name legislation controlled and enforced by WIPO and ICAAN.

• Example of  a lear-cut situation in your favour
• Example of a case when you are out of luck
• Differences between countries [the moral is to register your name as a trademark, or else you will not be able to do much about eg. Russian offender or Russia-based DN register]

CONCLUSION NO. 2
ESTABLISH YOUR RIGHT TO YOUR TRADE NAME

Before you take recourse to law.  

Cost of legal procedure. Good registers have their internal conflict resolution policies. Example is namezero.com They will consider the conflict and make a recommendation to the parties involved, and only after that does not work the plaintiff can take legal recourse that will cost $1500-2000US.

Alternative ways to apply pressure

List they in the order of escalation:

Write to the person/organization that has control over your DN. Sample letter attached.

Write to the register. Sample letter attached.

Investigate the offender's activity. Contact other victims. How????

Write a stronger letter.

Send all people on your mailing list a note of what happened and what action you are taking.

Now, when my site, that is equivalent to my name in business and real life, is back, my aim is to promoting awareness of the issue and to make a contribution to legislation and practices to stamp out this kind of questionable practice that may easily drive someone out of business.

(Glad to say that in my case reserve buoyancy and some luck helped me not only to stay afloat but to take a few days to document this story.)

For now, just an outline. Editorial coments in [...] are intended for for me but give an idea of what's coming.

If this issue is urgent, just write or call. You'll find my contact details at about_us.htm

A letter to hosts, name registers, Internet control bodies, and legislators. May be of interest to those contemplating domain theft. [Explain just how harmful this practice could be and in fact would be in my own case if not a combination of lucky factors and some reserve buyoance. To be written in pathetic style...]

Background  [describe how these things happen, why sites get grabbed; see "Legal" on applicable laws and dispute procedures]

Don't let it happen to you. The dos and don'ts.  [Deal with responsible domain name registers. Pay for a few years in advance, post a reminder to renew on your office wall. Document your ownership of the trade mark.]

Legal aspect [collection of articles, links, laws; trade marks and trade names; the situation falls under trade mark abouse; enforcing in America; enforcing elsewhere, WIPO/ICANN procedures]

On the question of attitude. ["Future is the past" approach - see my interview preparation materials.]

Small-scale campaigning. [The kindergarten scene on proper and improper squealing technique.]

Document damages. [With some luck the offender is based in the States, same as you. Or you have an agent there. Keep letters where your clients complain that you don't respond their e-mails. How many hours did it cost you to notify your contacts that your e-mail is no longer valid? How was your health affected? Yes, keep the receipts for these headache pills. What saved my name's grabber is that I'm busy is hell with a potentially very lucrative project... ADD TYPES OF DAMAGES AND HOW THEY CAN BE DOCUMENTED]

Finding the offender. (standard steps and common evasion tactics)

Links on the subject: [BBS, victims, supporters......]

When the offender is out of reach [putting the heat on while staying within bounds of law and decency as far as decency applies to someone who deprived you of your name and source of income]

BLACK LIST [names of grabbers and hijackers, of registers and hosts that knowingly support abusers or don't react to complaints  FOR NOW USE THE BBS AND BEFORE THE BBS IS UP JUST WRITE TO ME.. Position on the black list is not forever: you will be erased after returning what's not yours, or your name and those of your associates (name register, hosts) will be dragged through mud otherwise...]  

Conclusion [Name theft appears to be on its way to becoming a hot topic, and publicity can easily be generated around running this site. Yet, computers and internet are outside of my area of interest, generally speaking. Who wants to take over? All I basically want is my name back.........]

Special thanks and acknowledgements [offers of legal help, legal and technical expertise, people willing to hassle the offender and his associates... Even the grabber himself ("What doesn't kill us makes us stronger").

 

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