This guy STOLE My Domain

[sweet9]

Okay, this story starts out from 1999. It is very old, but I could not do anything as back then I was only 15 years old.

I had a domain X.com
I was obtaining DNS Services from company Z.
I registered X.com thru Networksolutions (and I still have the receipt showing the creation date of April 15, 1999).
I paid Company Z for DNS Services and they were my Technical contact.

Back then only being 15 years old, I found a mass bulk emailing program, and emailed probably 15,000 people. I was on a cable modem, and about 5 hours after I started, I got a call. (the call was at 11:30pm at night).

It was the owner of Company Z, who threatened to sue me immediately for spamming people and how he could charge me $150 for every email I sent that was spam. Remember this was five years ago. I could never condone spamming at my age now, but I really did not know of the issues back then.

So, Company Z threatened me and said they will sue me, and I have to stop using my site and shut it down.

Me being so scared, only 15, I don't tell my parents or anyone. So, later I found out Company Z has taken control of my domain. They even posted my whole story on the website. Stating, some kid bought an email program and starting mass emailing people, etc etc.

Company Z took over my domain, either by logging in through NetworkSolutions because I had the same password registered with his company as I did with Networksolutions. He must have changed the registrant, and then a few years later he transferred it to TUCOWS.

Now the thing is. I just want to be sure, When you transfer ownership, I'm almost positive creation date changes. I just transferred ownership of a domain through godaddy.com, and the creation date changed to the date it was transferred. Is this correct to assume? Because the creation date of domain X.com is still Apr 15, 99.

I want to go after this guy now and Get my domain back. It has been 5 years, but even then I could not sue as I was only 15. Now I am 20, and have the ability to go after this guy, but my only problem is that it has been way to long to do anything now. I called networksolutions and they don't keep records of anything. I have all my receipts from them, showing I registered it, but they don't have any other information.

I have not contacted Company Z yet. Anyone have any suggestions?

[draqon]

my suggestion is to drop the whole matter, unless its a domain worth $100,000 or more.

[sweet9]

well it is worth a lot I believe. Company Z now uses that domain that I created for part of their own company. You may have even heard of the domain.

[Temp]

Ask Company Z that they give you back your domain X.com,or looking for a good lawyer to sue them for stealing to FBI:-D

[NameTower]

is it x.com :p

Hope you can get it back okay.

[mole]

X.com? Nice name. Sue the bugger just like the sex.com guy. For triple the amount since it has one letter which is a lot more valuable than three. I think you should be able to get at least $150 million in damages. Good luck!

[think]

Odds are stacked very high against recovering the name. I would take it as a lesson and move on. But don't take my word on it. Hopefully Jberry and other veteran domainers will put their two cents in.

If the domain is generic then you might have the slightest bit of hope. Five years is an eternity in cyberspace. If it in any way looks similar to anything TM'd by the company you really don't want to waste your time and energy.

Hope you have better luck in the future.

[theparrot]

Umm... x.com was used by the guy who founded Intuit, to start a service that was a bank, plus a payment service, like paypal. They later bought paypal, and closed x.com, and now ebay owns payal. I don't think you reged x.com in 1999.

[think]

Originally Posted by theparrot

Umm... x.com was used by the guy who founded Intuit, to start a service that was a bank, plus a payment service, like paypal. They later bought paypal, and closed x.com, and now ebay owns payal. I don't think you reged x.com in 1999.

I'm sure he was using "x".com like he was using "z" for the company that ripped him off. After rereading his post it is interesting. I glossed over that it was the hosting company that grabbed his name. If the name is not similar to the one used by company Z perhaps he does have a case. There are way too many variables to tell for sure though .

[theparrot]

Originally Posted by think

I'm sure he was using "x".com like he was using "z" for the company that ripped him off. After rereading his post it is interesting. I glossed over that it was the hosting company that grabbed his name. If the name is not similar to the one used by company Z perhaps he does have a case. There are way too many variables to tell for sure though .

ah, well then as per RFC 2606 he should be using example.com, which is reserved for use in things like documentation.

[NameTower]

Yeah I was just joking

[sweet9]

It's not X.com
X is a variable.
And yes my domain is no way similar to the company's name. But they use my domain now as part of their company for a separate service.

[Nameable]

Originally Posted by sweet9

I have not contacted Company Z yet. Anyone have any suggestions?

Do not contact company Z. Get a qualified attorney who will contact company Z on your behalf.

[JuniperPark]

1) It's unlikely that anything "very valuable" was available for registration in 1999.

2) At 15, you could not legally contract to purchase *anything* in the US (which has jurisdiction for this).

3) It's likely that the statute of limitations has run out, regardless. I *think* it would be 3 years for something like this. You can't just show up 5 years later on a civil claim.

4) You'll need an attorney. Depending on where you live, expect to pay $5,000 or more up-front retainer just to start. As someone said earlier, don't bother unless the name really is very valuable.

[sweet9]

Hi Juniper.
At 15 your are allowed to purchase an item, that can remain rightfully yours.
If what your saying is true. I could go find any domain to anyone who is registered under 18 and take it from them.

3. Yes, that I am aware of. But the problem is, I cannot sue anybody until your are 18 years of age. I was 15 at the time.

4. Yes I understand and am fully aware and willing to pay the costs of $5k or more.

[bocajohnh]

Originally Posted by sweet9

I called networksolutions and they don't keep records of anything. I have all my receipts from them, showing I registered it, but they don't have any other information.

My two cents:

1. There are services that will provide you with the whois history. 1999 was not that long ago. Use one of these services to show the ownership of the domain starting with you and ending with Z.

2. Go find a competent attorney and get true legal advice.

[JuniperPark]

Sweet -

Domain names are really "service agreements", not property, and if you're not able to participate in a agreement, you have no contract, and in the fine print of the domain name agreement I suspect it falls under control of the registrar.

Your inability to sue because of your age does not change the statute of limitations. If it's too late, it's too late.

Another thing to consider is that if you really sue them, they'll likely countersue you for the trouble that you caused, and all legal fees. This varies a lot depending on the state with jurisdiction - in most states your PARENTS can be forced to pay. In some states, such as New York, YOU will be held liable for up to 20 years for actions taken as a minor.

The $5,000 is just a starter. If you go to trial, you'll have to pay the expenses of travelling to the city where it will take place, probably many times, and the cost of having your lawyer do so. Are you able to spend $100k or more on this? Are your parents willing to risk their assets in this?

[sweet9]

Okay even if they are service agreements.
I cannot let this go without justice. This person took my domain illegally. I am 20 years old right now, my parents are not involved. I was the registrant of this domain. And I paid and registered it for 2 years from Apr 99 - Apr 01. Someone cannot just come and take my domain without any sort of authorization / permission. I never allowed anything of the sort.

If you are talking about then when I was 15, the only thing he could sue for was the spam emails. I doubt there is a case for spam as there were hardly any laws back then.

Just like you said, someone could be held liable for up to 20 years in New York for actions taken as a minor. What about the statute of limitations there? Why shouldn't that person be liable now?

[JuniperPark]

Originally Posted by sweet9

...
If you are talking about then when I was 15, the only thing he could sue for was the spam emails. I doubt there is a case for spam as there were hardly any laws back then.

I'm assuming this is a joke... YES there were laws then, and YES you (or your parents can be held liable for damage you caused. Did you fail to disclose that you were a minor? Things are worse for you if you didn't. Did you hide your actions from parents? That's conciousness of guilt.

Originally Posted by sweet9

...
Just like you said, someone could be held liable for up to 20 years in New York for actions taken as a minor. What about the statute of limitations there? Why shouldn't that person be liable now?

You are confusing statute of limitations with judgement collections... NOT the same thing. But you're right in that it may be too late for them to come after you IF it's too late for you to go after them. So either way, you lose.

[sweet9]

alright thanks for the info juniperpark, definitely helps out