Domain Ransom

bod1467

Fightsback wrote: »

a trademark, which incidently also requires renewal.

So even a trademark is licensed then and not owned.

Fightsback

bod1467 wrote: »

So even a trademark is licensed then and not owned.

Nice try bod

No you register a Trademark

buglawton

This looks strangely like this, apparently already decided on, dispute:
http://www.adrforum.com/Domaindecisions/95314.htm

Fightsback

buglawton wrote: »

This looks strangely like this, apparently already decided on, dispute:
http://www.adrforum.com/Domaindecisions/95314.htm

Not really, that looks like a cybersquatting ruling from 16 years ago when lots of so called get rich quick folk rushed to register domain names that stamped all over other peoples long established trading IP.

The issues here are different, Mr X is withholding possession of the DN from the alleged rightful owner as a liens against unpaid invoices with the question being as to whether that possession is legitimate both in a civil and criminal sense. Since Mr X is not a limited company as far as I can ascertain he does run the risk of personal civil and criminal proceedings.

NB this personal opinion only.

bod1467

Fightsback wrote: »

Nice try bod

No you register a Trademark

Potayto / Potarto ... the end result is the same.

Indeed, you register the name of the keeper of a vehicle.

Fightsback

bod1467 wrote: »

Potayto / Potarto ... the end result is the same.

Indeed, you register the name of the keeper of a vehicle.

I could register a trademark on someone else's behalf, that doesn't make me the owner

paddyrg

Messy. I would press ahead with trying to deal civilly with the guy but making damn sure I kept a log of all communications in a durable form so that when you eventually go to court you can show reasonableness and balance of probabilities.

Do not rely on buying the domain if/when it comes up - there are alternative scenarios where 1) he registers them again for another 2 years then a) sells them to a competing site or b) covers them in adverts and tries to live off the traffic the site gets organcally or 2) one of the other domain squathost entities will get first bagsies cheaply (as they buy in bulk and have scripts ready to pounce on any domains with any historical presence) to host adverts and ransom the domain back to you (because they can). 2) seems to happen a lot.

bod1467

Fightsback wrote: »

I could register a trademark on someone else's behalf, that doesn't make me the owner

Bingo! And we're on the same page.

Fightsback

bod1467 wrote: »

Bingo! And we're on the same page.

Possibly but I think you're holding the book upside down

Hoseman

FredG wrote: »

I used to work for a web-hosting company/domain seller and dealt with a number of these disputes. Whoever sold you the domain name may be able to help you claim ownership of the domain if you can prove a timeline of purchase and that your organisation is directly related to the domain (eg. company letter head, bank statement etc). It's a common tactic used in web design disputes by unscrupulous designers so give your domain reseller a shout, might be cheaper and easier than legal proceedings. It's not guaranteed but it's worth a go.

I would have thought that this would be the best way forward and as suggested in other responses. This person doesn't actually own the domain, he was managing it.