Suggestions for Fraudulent Registar
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- GollumX
- Elite Rocketeer
- Posts: 2817
- Thanks: 0
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(#$(_ @#$_(& @#(@# ) _#&@#_) bastards!!!
This sort of thing makes me sick!!
I'm sorry I wouldn't have a clue how you should proceed, but I wish you all the best.
I must say that at the very least, you should not be protecting the company that screwed you over by hiding their identity.
And if all else fails, start an online petition.. against the company, GoDaddy, and ICANN for not taking more responsibility. I'll be the first to sign. - Say no to Internet Explorer 6.
twitter.com/mark_up
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- Bob Ateah
- Elite Rocketeer
- Posts: 4521
- Thanks: 0
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See if the branded domain owner will pony up some $$ for a lawyer.
Best of luck.
Cheers! - The member formerly known as Roland Deschain
After your question is solved, please Edit your original post and choose the Solved message icon, thank you!
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- Matthew
- Hero Rocketeer
- Posts: 299
- Thanks: 0
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Talk to a lawyer. If you are outside of the US, and the registrar in question is a US based company, then talk to a lawyer in the US.
I'm not a lawyer, but if you have been using this domain for 4 years, and have products and own trademarks associated with it, then you want to talk to the lawer ASAP. The lawyer will ask you to gather all of the evidence (trademarks, emails, copies of the website hosted at the domains, etc.). You will also want to contact your ISP, and get them to write a letter stating that you have had those domains hosted by them, etc.
With all of that information, a lawyer will issue a strongly worded letter, and there is a good chance that will be the end of it, right there.
Otherwise, you will need to file a suit against them.
On the money, don't despair, when you first talk to the lawyer, explain your financial situation. The lawyer might offer to take the case on contingency if it needs to go to trial, or might point you in the direction of a lawyer that will.
Here is how it works: You will pay for the initial letter (price will probably be around $500), but if they don't respond, or respond in the wrong way, you will have to sue. When you sue, you will be suing for domains, legal fees, and damages. If a lawyer agrees to take the case on contingency, they will waive their fees until the case settles, and if you lose the case, the lawyer eats their fee. If you win, the judge will award the lawyer's fee (the other side has to pay it), order the domains released to you, and may award damages as well. In the case of damages, your lawyer will get some percentage of those (will be negotiated beforehand between you and the lawyer) as well (this is part of why lawyers are willing to take cases on contingency).
Don't delay! Every passing day is something that they will use to claim that the domain didn't really matter to you, etc.
If your financial situtation makes it difficult to even get a lawyer for the initial threat, you have two other options:
1. (the better option) Do a search for a local lawyer that does pro-bono (free) work (surprisingly, many lawyers do), and explain your case. Your are likely to get some good free legal advice, as well as an initial letter, and possibly representation for the whole case, if it comes to that.
2. If you can't get any sort of legal representation, there are legal form letters for issuing a formal complaint. Find one, and with a trusted friend who is very good at writing, complete the form letter, and make sure that it is as free from error as you can make it. Send it registered mail (signature required) to the company in question, attention legal department. This will get their lawyers involved, which is what you want. Right now, to them, your domain is worth more if they can sell it to someone else. To their lawyers, you are a nightmare, that could cost them thousands of dollars, and their lawyers will advise them to make you go away (give you your domains) as quickly as possible. Even if they don't comply, your letter serves to establish that you are fighting to get your domains back, and is ammo for a lawyer to use.
Again, I'm not a lawyer, but the best advice I can offer is to seek one immediately. - www.gofftech.com Web Design
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- David White
- Hero Rocketeer
- Posts: 449
- Thanks: 0
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Check out these guys -
domainnamedisputes.com/
they seem to specialize in this sort of thing and they give free email consultations.
They will no doubt have standard letters etc as Matthew mentioned. In most cases official threat of legal action is enough to get them doing the right thing.
Best of luck - keep us posted.
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