Lost a Domain to Cybersquatting?

[MaxS]

I had a domain in one of my accounts for a local business. Just as an example, the domain is: TheJonSmithCollection.com.

In this case, "The Jon Smith Collection" is an established brand that has been alive for many years. This brand has been featured in various publications, has owned numerous stores, and has an office in New York.

As of 6/29, the domain is now registered to:

OregonEU.com LLC ( )
14781 Memorial Dr. Suite
# 792 Houston Texas,
77079 US
US
Tel. +1-650-331-0716
Fax. (503) 274-9749

What are my options?

[wmloz]

I don't understand what you're asking? Was it stolen?

OregonEU.com (the address at least) is an address I recognize as a pool or snap partner that catches drops. Did you let the name registration expire and the name eventually dropped?

If it just changed to OregonEU.com I have to presume they picked it up on a drop and it's awaiting payment to transfer to whoever ordered it.

They are an ANSWERABLE.com affiliate.

[MaxS]

Yes, I let it drop.

[flamewalker]

Looks like you let the domain drop.

If you want to PM me the domain name I can do a whois lookup with my paid account at domaintools and find out if it actually went through the drop cycle etc.

Or, watch the whois for it to change to someone else, when it does, send them a polite letter explaining what happened, and that you need to reacquire the name for the business you originally registered it for, and will reimburse his/her costs to acquire it.

Be polite, and don't threaten UDRP/any legal action until/unless you or the company are ready and prepared to follow through.

Just my non-lawyer opinion

[Acro]

Originally Posted by MaxS

Yes, I let it drop.

My condolences.

[south]

Originally Posted by Acroplex

My condolences.

Ditto... Ouch!

And the moral of this story - always make your clients have their own registrar accounts, lest you forget to do their renewals / drop dead / go to jail / etc.

[acronym007]

First, let's be clear it wasn't stolen, it was dropped.

Second, I would contact the new rightful owner and ask if you buy it back.

Third, you can try and take a pseudo-legal approach but this may backfire especially if you have no credible position to defend.

[tinner666]

Condolences bro. Hope you can get it back without spending too much.

[MaxS]

Originally Posted by Acroplex

My condolences.

Cheers.

acronym007, I never once said it was stolen.

Here's the thing: I'm willing to take legal action if necessary, only because the company does have the right to the domain and moving to a new domain is not an option.

Snapnames emailed me back informing me that the whois information has updated:

Administrative Contact:
revenuedriver
via umberto cerboni, 8
rome, rm 00136
Italy
revenuedriver [anti-spam graphic] gmail.com
+39 0635496787

[beansbaxter]

Originally Posted by south

you forget to do their renewals / drop dead / go to jail / etc.

Isnt that what auto-renew is for??

[Acro]

Unfortunately domains are not like cars, whereupon if you leave the keys on the engine if someone else takes it it's a theft. You let the domain expire. End of your lease. You were a tenant, a new one took over the vacated lot.

[flamewalker]

Try emailing him/her/them and be cordial about it. Does your client have a TM for the terms/phrase of the domain?

Stay away from threatening legal as long as possible. BE nice about it and they might work with you. Only use legal as a last option and after talking to a domain specialized lawyer to see if you would even have a case.

Empty threats are useless and just cause more frustration and ill will than necessary.

[Dave Zan]

Originally Posted by flamewalker

Empty threats are useless and just cause more frustration and ill will than necessary.

If only people realize that sooner...

[jberryhill]

Does your client have a TM for the terms/phrase of the domain?

He already said it was an "established brand." Taking that at face value, recovering the domain name from the drop auction would have cost the end user at least as much as the current registrant paid. A reasonable offer would be to reimburse the guy for performing the service of picking up the domain at the auction, but the TM claim would not be an "empty threat". There are non-"threatening" ways to simply state that there is an underlying claim of right at issue.

There are always a variety of approaches. Upon arriving home early from work one day, you might reach for the baseball bat or you might say, "Excuse me, but you seem to have confused my wife for your girlfriend. Would you mind getting out of my bed?"

[flamewalker]

He already said it was an "established brand."

Sorry... been a long week, missed that :p

Upon arriving home early from work one day, you might reach for the baseball bat or you might say, "Excuse me, but you seem to have confused my wife for your girlfriend. Would you mind getting out of my bed?"

You always crack me up!

[Drop Business]

PM me ASAP.

DB

[Drop Business]

MaxS,

Got an update for us? wink wink.. LOL.....

DB

[MaxS]

Drop Business was kind enough to inform me that the domain was actually snapped up for a 7 day period and dropped once again because it did not sell. I'm now in possession of the domain.

Once again, I can't thank you enough DB.

[nameslave]

Originally Posted by MaxS

Drop Business was kind enough to inform me that the domain was actually snapped up for a 7 day period and dropped once again because it did not sell. I'm now in possession of the domain.

Once again, I can't thank you enough DB.

Good to know that you get the domain back. I have more than a handful of times monitored dropped domains going through not 1 but as many as 4 TASTING cycles. So for people who "accidentally" lost their domains, I would strongly recommend waiting for at least 4 days (at least true before the new anti-tasting policy kicks in), and check only with the registry's whois.

[Acro]

The good news: you got it back. The bad news: it's now a fresh domain; you'll have to work hard with Google to keep it in the results' front-line (aged domains are given priority). I sincerely hope you registered for the full 10 years permitted.