DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars
HomeRegisterMembershipsGetting StartedDomain Tools Domain EbooksSEO Software Domain Resellers Advertise

Go Back   DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars > Domain News, Beginners Guides and Legal Stuff! > Domain Name Legal Issues
Register Search Today's Posts Mark Forums Read

Reply
 
LinkBack Thread Tools Display Modes
Old 04-08-2005, 11:12 AM   #1 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 03-20-2006 12:42 AM
iTrader: (0)
Join Date: Jul 2004
Posts: 25
DNF$: 166


Domain Hijacked

I've had a domain hijacked (tag-board.com) - originally godaddy.com. I think it was because the adminstrative email address was @yahoo.com and had expired from non-use, so the hijacker picked it up. The hijacker didn't change DNS, so I hadn't noticed - and they transferred it through a few different registrars. Finally, they contacted me. We had worked things out, he was going to transfer it back to me - but then supposedly the FBI (whom I contacted) harrassed him and he disappeared. I don't know anything about this guy but an email address.

Is there anyone I should/could talk to legally to get the ball rolling on an UDRP (Or is this the wrong next move?)?

Any help would be greatly appreciated.
Corga is offline   Reply With Quote
Sponsored Ads
Old 04-08-2005, 12:10 PM   #2 (permalink)
WannaDevelop.com
 
mike031's Avatar
 
Last Online: Today 02:28 AM
iTrader: (64)
Join Date: Mar 2004
Posts: 3,173
DNF$: 19,396
Location: NY
Country:


Re: Domain Hijacked

hmm.. the feds harrassed somebody over a stolen domain? no way!
__________________
Expiring Domain Lists @ DomainStryker.com
SnapNames, NameJet and GoDaddy.
mike031 is offline   Reply With Quote
Old 04-08-2005, 12:37 PM   #3 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 03-20-2006 12:42 AM
iTrader: (0)
Join Date: Jul 2004
Posts: 25
DNF$: 166


Re: Domain Hijacked

I don't know for sure that they did. I contacted the FBI who seemed uninterested, the hijacker emailed me saying the local authorities came and searched his HD. I've not heard much from him since. It may be an outright lie.
Corga is offline   Reply With Quote
Old 04-08-2005, 12:42 PM   #4 (permalink)
WannaDevelop.com
 
mike031's Avatar
 
Last Online: Today 02:28 AM
iTrader: (64)
Join Date: Mar 2004
Posts: 3,173
DNF$: 19,396
Location: NY
Country:


Re: Domain Hijacked

lol

that guy is so full of it.. i'm not really sure what your options are but there are a bunch of lawyers here on the forum that might be able to walk you through the whole process of recovery.... good luck!
__________________
Expiring Domain Lists @ DomainStryker.com
SnapNames, NameJet and GoDaddy.
mike031 is offline   Reply With Quote
Old 04-08-2005, 12:46 PM   #5 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 03-20-2006 12:42 AM
iTrader: (0)
Join Date: Jul 2004
Posts: 25
DNF$: 166


Re: Domain Hijacked

I suspect so as well. According to the guy, he was in singapore too. Its a moot point though.

I hope that you are right about the lawyers. I'd be happy to pay good money to get some help and have this fixed, sooner preferably than later. I found the esqwire.com through google, but the guy seems to be unresponsive either by phone or email, and I don't know any lawyers around here that would have any experience with this kinda thing.
Corga is offline   Reply With Quote
Old 04-08-2005, 12:56 PM   #6 (permalink)
The Bishop
 
namestrands's Avatar
 
Last Online: 09-16-2009 03:42 PM
iTrader: (117)
Join Date: Jan 2005
Posts: 3,954
DNF$: 2,515
Location: UK
Country:


Re: Domain Hijacked

First Contact the current registrar of the domain and inform them of the issue. next step is to fly out there and beat the crap out of him...

Not a lot you can do, without legal counsel. Perhaps just ask for it back.

At least you learned a very important lesson, when using free email accounts for your valuable domain names
namestrands is offline   Reply With Quote
Old 04-08-2005, 12:57 PM   #7 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 12-01-2005 11:02 PM
iTrader: (0)
Join Date: Oct 2002
Posts: 224
DNF$: 1,216
Location: Davie, Fl

Send a message via AIM to HOWARD

Re: Domain Hijacked

I just sent you a PM on this.
__________________
Howard Neu, Esq.
HOWARD is offline   Reply With Quote
Old 04-08-2005, 03:29 PM   #8 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 03-20-2006 12:42 AM
iTrader: (0)
Join Date: Jul 2004
Posts: 25
DNF$: 166


Re: Domain Hijacked

The current registrar (joker.com) is sympathetic, but referred me to ICANN or suggested contacting the FBI on the issue. Those were my first thoughts as well. Does anyone know if the ICANN UDRP would help in this scenario? I know it is primarily used for trademark violations, but could I claim that I have an unregistered trade-mark for the domain and get someone to at least consider the claim seriously? Are there any legal contacts that you may know of who can persue this route for me?
Corga is offline   Reply With Quote
Old 04-09-2005, 09:11 AM   #9 (permalink)
Platinum Lifetime Member
No Avatar
 
Name: Dave Zan
Last Online: 11-12-2009 09:55 PM
iTrader: (1)
Join Date: Aug 2004
Posts: 1,663
DNF$: 0
Location: Manila


Re: Domain Hijacked

Quote:
Originally Posted by Corga
The current registrar (joker.com) is sympathetic, but referred me to ICANN or suggested contacting the FBI on the issue. Those were my first thoughts as well. Does anyone know if the ICANN UDRP would help in this scenario? I know it is primarily used for trademark violations, but could I claim that I have an unregistered trade-mark for the domain and get someone to at least consider the claim seriously? Are there any legal contacts that you may know of who can persue this route for me?
Using the UDRP to try to regain a hijacked name is a gamble. But there are at
least 2 cases of such:

xi.com http://arbiter.wipo.int/domains/deci...2004-0253.html
pornreports.com http://arbiter.wipo.int/domains/deci...2004-0391.html

But the complainant still has to meet and prove all 3 requirements.

Jberryhill has tried getting one registrar to use the so-called Transfer Dispute
Policy from ICANN's transfer rules. But even that's not having much positive
results because of the registrar itself.
__________________
Vidi, Vici, Veni!
Dave Zan is offline   Reply With Quote
Old 04-09-2005, 03:26 PM   #10 (permalink)
Philadelphia Lawyer
 
jberryhill's Avatar
 
Last Online: 09-18-2009 01:17 AM
iTrader: (1)
Join Date: Oct 2002
Posts: 2,987
DNF$: 6,350

Send a message via ICQ to jberryhill

Re: Domain Hijacked

Quote:
Jberryhill has tried getting one registrar to use the so-called Transfer Dispute
Policy from ICANN's transfer rules. But even that's not having much positive
results because of the registrar itself.
If we're thinking of the same incident here, the problem is that the domain was sold by person "A" to person "B". Later, person "A" took the domain name back by claiming it was hi-jacked, and not sold. The registrars are really not in a position, nor should they be, of determining whether a sale was or was not executed.
__________________
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
jberryhill is offline   Reply With Quote
Old 04-09-2005, 10:41 PM   #11 (permalink)
DNF Addict
 
Domagon's Avatar
 
Name: Ron Bennett
Last Online: 07-14-2009 02:31 PM
iTrader: (26)
Join Date: Oct 2003
Posts: 1,372
DNF$: 7,978
Location: Wyomissing, PA
Country:


Re: Domain Hijacked

Doesn't help you now ... but hopefully your experience will encourage others here using Yahoo, etc to make changes ... folks should NOT use freebie/outsourced email addresses (Yahoo, Hotmail, etc) for anything important.

To get the domain back will likely require much legal action ...

First thing is to trace back the history of the domain and build a timeline of what happened when - an attorney will likely be needed to help make this happen.

Secondly, taking legal action against the appropriate parties - if you have at least a few thousand dollars minimum to spare, you have a good chance of recovering the domain ... eventually.

Keep in mind that domains have been considered by many courts to be property ... stolen property, regardless of the number of transfers (statue of limitations may be an issue in some instances; it shouldn't be in your situation), typically remains the rightful property of the true owner.

Ron
__________________
Domagon Consulting Services - Business Help and Problem Solving
SeedCash.com - sow those economic green shoots. Make An Offer!
Domagon is offline   Reply With Quote
Old 04-09-2005, 10:49 PM   #12 (permalink)
WannaDevelop.com
 
mike031's Avatar
 
Last Online: Today 02:28 AM
iTrader: (64)
Join Date: Mar 2004
Posts: 3,173
DNF$: 19,396
Location: NY
Country:


Re: Domain Hijacked

using a free e-mail account is sooooooooo unsafe!! a big NO NO!

also, corga.. you didn't have valid whois info on the domain, so that doesn't really help....


Domain: tag-board.com
Cache Date: 2002-11-08
Registrar: GO DADDY SOFTWARE, INC.
in the "registrant" field. In most cases, Go Daddy Software, Inc.
is not the owner of domain names listed in this database.


Registrant:
Greg Grothaus
IV
nowhere
Nowhereville, Nevada 31045
United States


Domain: tag-board.com
Cache Date: 2004-11-18
Registrar: GO DADDY SOFTWARE, INC.
Please note: the registrant of the domain name is specified
in the "registrant" field. In most cases, Go Daddy Software, Inc.
is not the registrant of domain names listed in this database.


Registrant:
IV
nowhere
Nowhereville, Nevada 31045
United States

Registered through: GoDaddy.com
Domain Name: TAG-BOARD.COM
Created on: 01-Apr-02
Expires on: 01-Apr-12
Last Updated on: 11-Dec-02


next, the domain gets hijacked(?)

Domain: tag-board.com
Cache Date: 2005-01-26
Registrar: ENOM, INC.
Registration Service Provided By:
Contact: Email protected from Robots by Whois Source
Visit:

Domain name: tag-board.com

Registrant Contact:
Tag-Board.com Corporation
Tag-Board.com Corporation (Email protected from Robots by Whois Source)
+62.no-phone-support
Fax: +62.no-fax-support
Tag-Board.com Corporation
Surabaya, Jawa Timur 60000
ID

Domain: tag-board.com
Cache Date: 2005-02-24
Registrar: COMPUTER SERVICES LANGENBACH GMBH DBA JOKER.COM
domain: tag-board.com
status: lock
organization: Tag-Board.com Corporation
owner: Tag-Board.com Corporation
email: Email protected from Robots by Whois Source
address: Tag-Board.com Corporation
city: Surabaya
state: --
postal-code: Jawa Timur 60000
country: ID
admin-c: Email protected from Robots by Whois Source#0
tech-c: Email protected from Robots by Whois Source#0
billing-c: Email protected from Robots by Whois Source#0
nserver: ns1.mydomain.com
nserver: ns2.mydomain.com
nserver: ns3.mydomain.com
nserver: ns4.mydomain.com
registrar: JORE-1
created: 2002-04-01 13:28:24 UTC godaddy
modified: 2005-02-16 02:12:59 UTC JORE-1
expires: 2014-04-01 13:28:24 UTC
source: joker.com
__________________
Expiring Domain Lists @ DomainStryker.com
SnapNames, NameJet and GoDaddy.
mike031 is offline   Reply With Quote
Old 04-10-2005, 01:09 AM   #13 (permalink)
DNF Addict
 
mole's Avatar
 
Last Online: 03-03-2009 10:05 AM
iTrader: (1)
Join Date: May 2002
Posts: 6,721
DNF$: 978
Location: Tonga
Country:


Re: Domain Hijacked

Yes, this is a good reminder not to use a free email service for your admin email.

I doubt the FBI would bother to look into such trivial sneezes, it looks like someone is playing your tootie.
__________________
If a man will begin with certainties, he shall end in doubts; but if he will be content to begin with doubts he shall end in certainties. Sir Francis Bacon
mole is offline   Reply With Quote
Old 05-08-2005, 12:46 PM   #14 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 03-20-2006 12:42 AM
iTrader: (0)
Join Date: Jul 2004
Posts: 25
DNF$: 166


Re: Domain Hijacked

Yes. I had invalid domain information, because I got tired of receiving the tons of spam both email and mail that resulted from a valid domain registration record. Unfortunately, this was a mistake and I will not make the same in the future.
Corga is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 07:06 AM.
Copyright @2001-2009 DNForum.com