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12-22-2006, 04:06 AM
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#1 (permalink)
| | Platinum Lifetime Member
Last Online: 09-04-2008 05:46 AM Join Date: Sep 2005
Posts: 71
DNF$: 597 Location: patiala, punjab, india | issues of domain with Rent A Car We have a client with two domains
bestenterpriserentals.info
and one more similar domain
the company says that enterpriserentals is their TM
Our client didn't check his email and when checked it after say two months, he found that 2 - 3 notices sent and decision given in favour of the other party by >> http://www.adrforum.com/
what should our client do now ??
he has no interest in the domains, but he only seeks a compensation of say $ 200 to transfer both domains to the other party ?
What say  |
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12-22-2006, 09:06 PM
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#2 (permalink)
| | Platinum Lifetime Member
Name: Dave Zan Last Online: Today 02:19 AM Join Date: Aug 2004
Posts: 1,614
DNF$: 0 Location: Manila | Re: issues of domain with Rent A Car Quote:
Originally Posted by gdtechindia what should our client do now ?? | Nothing...except go to Court. But good luck demonstrating any/all enforceable
claims.
When we register domain names with our preferred registrar, we agree to one
of its provisions: http://www.godaddy.com/gdshop/legal_...ageid=REG%5FSA Quote:
4. dispute resolution policy
You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that Go Daddy may from time to time modify its Dispute Resolution Policy. Go Daddy will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining Your domain name registrations with Go Daddy after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review Go Daddy's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with Go Daddy as a result of the modified Dispute Resolution policy no fees will be refunded to You.
You agree that if a dispute arises as a result of one or more domain names You have registered using Go Daddy, You will indemnify, defend and hold Go Daddy harmless as provided for in this agreement. You also agree that if Go Daddy is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using Go Daddy, that Go Daddy, in its sole discretion, may take whatever action Go Daddy deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold Go Daddy harmless for any action taken by Go Daddy.
| http://www.enom.com/terms/agreement.asp Quote: |
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm . You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may loose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
| http://www.networksolutions.com/lega...-agreement.jsp Quote:
5. Domain Name Dispute Policy. If you registered a domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. The current version of the domain name dispute policy may be found at our Web site: http://www.netsol.com/legal/dispute-policy.jsp.
6. Domain Name Dispute Policy Modifications. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
7. Domain Name Disputes Brought by Third Parties. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. For the adjudication of any disputes brought by a third party against you concerning or arising from your use of a domain name registered with us or your use of our domain name registration services, you (but not Network Solutions) agree to submit to subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division and the courts of your domicile. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our d omain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us. You agree that we will comply with all court orders, domestic or international, directed against you and/or the domain name registration.
8. No Guaranty. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.
9. Revocation. You agree that we may suspend, cancel or transfer your services, including, but not limited to, domain name registration services in order to: (i) correct mistakes made by us, another registrar or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our domain name dispute policy.
| From what you stated, your client supposedly never received any notice of an
action for such. What happened afterwards is unfortunate.
It sucks. But that's life sometimes.
__________________ Dave Zan says Vidi, Vici, Veni! :-D DaveZan.com - My Blog
Last edited by Dave Zan; 12-22-2006 at 09:15 PM.
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12-22-2006, 09:20 PM
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#3 (permalink)
| | Domain Whiz
Last Online: Today 01:25 PM Join Date: Sep 2002
Posts: 8,137
DNF$: 33,794 Location: 96.net | Re: issues of domain with Rent A Car Quote:
Originally Posted by gdtechindia We have a client with two domains
bestenterpriserentals.info
and one more similar domain
the company says that enterpriserentals is their TM
Our client didn't check his email and when checked it after say two months, he found that 2 - 3 notices sent and decision given in favour of the other party by >> http://www.adrforum.com/
what should our client do now ??
he has no interest in the domains, but he only seeks a compensation of say $ 200 to transfer both domains to the other party ?
What say  | just from experience...
send a reply email, stating that they can initiate a transfer request for the domain to the registrar of their choice and you will approve the transfer.
this way no additional cost.
or, point the domain to their main site, and send reply email with notification of the "host settings" of the domain, until such time it expires, or is transfered.
possibly, you can delete the names and send notification of your actions also.
however, if a decision has been handed down from the court, with specific directions for you to follow or penalties, fines, etc, then......
see a lawyer
__________________ worldiptv.com * greenfriendly.com * svc.net * belisted.com
mobi.us.com * sop.net * qfm.net * vioz.com * Need A SedoPro Account PM Me |
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12-22-2006, 09:51 PM
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#4 (permalink)
| | Philadelphia Lawyer
Last Online: 09-03-2008 02:18 PM Join Date: Oct 2002
Posts: 2,359
DNF$: 3,187 | Re: issues of domain with Rent A Car Quote:
what should our client do now ??
| Why don't you try checking whois for the domains... http://domains.adrforum.com/domains/...ons/819801.htm
They have already been transferred by the registrar.
__________________ John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly. |
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12-23-2006, 06:34 AM
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#5 (permalink)
| | DNF Addict
Last Online: 03-20-2008 03:11 AM Join Date: Aug 2005
Posts: 2,593
DNF$: 6,887 | Re: issues of domain with Rent A Car I think your client should just let it go, its not worth a legal battle for a domain like this, its a bad and long .info to begin with, not even worth $5 IMO, so I think you have to figure out what domains are worth fighting for and which are not, in this case you would probably lose anyway, and trying to get some little money out of it could cost you a lot more if they decide to take it to court...and doing something "out of principal" is foolish and doesnt get you anywhere |
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12-23-2006, 06:39 AM
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#6 (permalink)
| | Platinum Lifetime Member
Name: Lorenzo Last Online: 08-15-2008 02:30 AM Join Date: Feb 2006
Posts: 2,495
DNF$: 10
Country: | Re: issues of domain with Rent A Car i\that website says..."National Arbitration Forum"....so if it`s National it does not have overseas jurisdiction......right? |
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