Retrieving Domain Names - Any thoughts?

angelavdavis

Hi all,

I wondered if anyone had ever come across this challenge before and has some advice?

I volunteer for a development trust who are trying to assume responsibility for an asset which is owned by absent owners. The domain names for this asset have therefore not been renewed and third parties have bought these to cash in since there has been publicity about this asset.

We are a not for profit who are currently waiting for grant funding to pay for the compulsory purchase and renovation of this asset, but obviously, money will be short until we start trading again.

The people that own this domain are both local people - one an author and the other a local resident. One has link the domain to their own website and the other has simply posted images of the asset on the site and hasn't been updated for 4 months.

What process can we follow? I have googled but it doesn't sound good. In the first instance I was going to simply contact these people and ask them to sell these to us (for a low cost of course). Any recommendations?

debitcardmayhem

If it has not been renewed, then the domain is up for grabs. It is not an asset , just the same as my name eg mysurname.com is not an asset(otherwise I would be rich), it's a commodity sadly and unless you can prove otherwise then the best solution is to ask nicely if you can take it over, preferably for a very small fee.

WhiteChristmas

First of all, understand that you have no right or entitlement to the domain name. The other folk own it perfectly legally.

They may have it purely because they think they can make a profit from it; you might think that's unfair, but suck it up because they haven't done anything "wrong".

If you want to get it back, you can start by negotiating with them. If that doesn't result in a satisfactory conclusion then you can think about getting the local press involved; the writer in particular might not appreciate adverse publicity.

Yes, it's blackmail to some extent, but they are squatters - you might need to adjust your moral compass to get what you want.

Alternatively, think about a variation on the name for your domain and register that; if "BuckHouse" has gone then try "Buck-House", "Buck-House-London" or "Lizzys-Buck-House".

S0litaire

check the website address on http://whois.domaintools.com/
That will tell you if it's still valid and who owns it. (it will be a single person or company name)

If it's valid, first stop using the contact details in the Whois to ask for the domain.

If it's not been renewed, then jump on to your fave domain register and register it pronto!!

angelavdavis

Hi everyone and thanks for your responses.

I know who owns both domains. As I say, the group I am involved with have been too busy trying to save the asset to bother with such things, but it is coming to the time where we are likely to know whether we will become the owners, so I am starting to investigate the website, trade marking the name, etc.

I will write to them and see what their response is, then have to decide on further action where necessary.

Thanks

patman99

It might be that the two individuals took-over the name to hold it until the asset is under new ownership. Unless you ask, you will never know. Also, if you check via nominet, you can see when the domain is up for renewal and jump on it as soon as it goes past the renewal date (and before the owners get round to paying the renewal fee).

Hammyman

angelavdavis wrote: »

Hi everyone and thanks for your responses.

I know who owns both domains. As I say, the group I am involved with have been too busy trying to save the asset to bother with such things, but it is coming to the time where we are likely to know whether we will become the owners, so I am starting to investigate the website, trade marking the name, etc.

I will write to them and see what their response is, then have to decide on further action where necessary.

Thanks

What further action? If the domain wasn't renewed then its a free for all - there's been numerous stories over the last decade of big internet companies losing their domains because someone forgot to renew it.

They aren't just parking the domain, they're actually using it so you can't go down the cybersquatting route.

If I were you, I'd kiss the domain name goodbye or expect to pony up some money.

Hannibanal

This may not necessarily end badly.
The domain owners do own the domains legally, of course, but they are local people who obviously will know you and the asset you represent.
Bearing that in mind they may not necessarily be asking for extortionate fees in the true tradition of the average domain squatter.

Until you approach them it's impossible to say what their reaction or demands may be.
I would ask them nicely if they had considered or were prepared to release the domains and wait for their response.

If the demands are totally unrealistic then there is always the option of opening a Rights dispute, but that could get awfully messy, with no certainty of the outcome.
It could also depend on how long they have held the domains and how closely the names are linked to the asset etc.

Halfords forgot to renew one of their domains very recently and the site disappeared, but luckily for them they mangaged to sort it out within 48 hours, so this sort of thing does happen occasionally to the big names.

But in your case it sounds like a much longer lapse, possibly years, so is a bit more tricky.
Probably best to use a less-formal approach, not demanding.
Also there is always the option of a new start for the asset so maybe a new domain.
Good Luck! hope it works out ok.

paddyrg

Talk nicely with the owners about getting the domains back (for instance if the asset is xyzcinema, and they have xyzcinema.com and xyzcinema.co.uk) thanking them for the safekeeping of the domains in the meantime, and offering a nice small premium (and maybe free cinema membership, or whatever) for their trouble.

They may think you want the name more than you really do - for instance xyzcinemabrighton.com may still be available, and make it clear you'll be using that on all the promo material instead - the owner would then realise the domain would be of no value to them and probably be more interested in a sale!

Even if they rightly own xyzcinema.com, they can't 'pass off' that they are the official cinema website, or sell tickets, or really exploit the domain in any meaningful way - it is probably in their interest to transfer it to you amicably

angelavdavis

Thanks for the feedback.

I realise these people locally own the domains and both are local residents so it is completely possible that they have purchased the domain to prevent it going elsewhere.

I will write to them. One of the domains expires in May 2011. The other not until 2012.