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 05-21-2008, 05:40 PM   #1 (permalink)
Davey Davenport
 
Sterling's Avatar
 
Name: Sterling Davenport
Last Online: Today 10:32 AM
iTrader: (89)
Join Date: Jan 2005
Posts: 962
DNF$: 880
Location: Westpoint, Tenn
Country:

Send a message via ICQ to Sterling Send a message via AIM to Sterling Send a message via Yahoo to Sterling Send a message via Skype™ to Sterling

Post Need Real Professional Help (Where You At Mr Berryhill) RE: Stolen Domains

Look, there is gonna be alot of people offer their theories. I need actual people who have dealt with the problem I am having, or someone who knows the law and has seen it done before.

I was ripped on another forum of 2 domains. Well, Godaddy has not helped, PayPal can't help and in the mean time, my names plus a few other 4 letters were sold to another guy. Well, this guy claims he new nothing. But now that he does, doesn't want to cooperate. He is trying to resell the names to me at a way inflated price.

My question is this: Is there anyone, Godaddy, The new owner, anyone whom I know the actual information on, that I can file a civil suit against or even charges? I mean, this guy that has them now, scammer or not should be forced to give me my names back. Is is in possession of stolen property. He lives in PA and I have his address and phone number.

I know all about the domain dispute procedures. But $1500 is a bit steep for my 2 names. Thing is, there are more owners of more names that he has and he knows they were stolen.
Sterling is offline   Reply With Quote
Sponsored Ads
Old 05-22-2008, 08:24 AM   #2 (permalink)
fab
 
fab's Avatar
 
Last Online: 11-19-2009 07:01 PM
iTrader: (26)
Join Date: Dec 2004
Posts: 4,442
DNF$: 366
Location: Elad
Country:

Send a message via MSN to fab

You have provided little information one. Two, filing a civil suit is probably more expensive then UDRP filings. Finally, hiring a lawyer will cost more money. If the domains are not worth xx,xxx; then just forget about it.

If you've paid with paypal, or credit card, and haven't got the domains, then do a payback. Good luck!
fab is offline   Reply With Quote
Old 05-22-2008, 08:44 AM   #3 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 08-11-2008 05:54 PM
iTrader: (2)
Join Date: Jan 2003
Posts: 27
DNF$: 85
Location: Vancouver, Canada


Who are these people who buy domains "innocently" and then refuse to give them back to the rightful owner? Bad karma is coming their way. Let's call your guy jerkface.

If it were me (and it currently is on one domain), I'll throw good money after bad and start up a "project new ***hole for jerkface". Fab is right though, you have to choose your battles and your battleground. I'm currently fighting in court, and it's a long and expensive course, but I have reasons beyond winning this single domain back on why it would be great to go to the expense of going to Trial. I'm playing Mr. Nice Guy even though the current owner still claims "I don't believe the domain was stolen" even after it's been laid out in black and white. He's quite lucky I've not chosen the other battleground....

The other battleground is slash and burn. Gather everything you can on this person (jerkface), and then call everyone they know. Post it all. Nothing libel, just facts. I mean contact, their parents, friends, school, church, neighbors, bank, employer. Then show up at their house. Or hire someone else to. You'd be surprised at what a non-threatening, video-taped, knock on their door will do. You want to know more about them than their mother does.

In your case, you say that there are more domains that are stolen that this "innocent" guy has. Quite possible the "thief" is a fake person and the real person is the guy who currently owns the domains. Create a spreadsheet, put in all the domains that this guy owns, and then use domaintools.com to contact the former owners. Call them on the phone and just say "I'm doing a forensic check on the validity of the current whois. Did you sell xxxxxxx.com to [jerkface] or was it stolen from you?"

As much as we'd like them to be, domains aren't property, but a Service Contract which cannot be "stolen". So if you can show the service contract for your domain wasn't assigned by you to the hijacker, then the assignment by the hijacker to jerkface is invalid. That's all great to chat about in a forum, quite another to get real world enforcement.

Maybe just do a Small Claims Court filing against the current owner, then file subpeona's on escrow.com to see where the money went. Also, file to GD to show all known info. Have fun, make it a hobby. Come up with a better name for it. Maybe Project Dont***kwithme.com

Shake the bushes and see what falls out.
locos is offline   Reply With Quote
Old 05-22-2008, 10:51 AM   #4 (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

Quote:
Gather everything you can on this person (jerkface), and then call everyone they know. Post it all. Nothing libel, just facts. I mean contact, their parents, friends, school, church, neighbors, bank, employer. Then show up at their house. Or hire someone else to. You'd be surprised at what a non-threatening, video-taped, knock on their door will do. You want to know more about them than their mother does.
There are some problems with that approach.

Quote:
He lives in PA and I have his address and phone number.
Whereabouts generally?

Quote:
But $1500 is a bit steep for my 2 names.
Do you know if he has others?
__________________
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 05-22-2008, 11:02 AM   #5 (permalink)
Platinum Lifetime Member
No Avatar
 
Last Online: 08-11-2008 05:54 PM
iTrader: (2)
Join Date: Jan 2003
Posts: 27
DNF$: 85
Location: Vancouver, Canada


understatement

[QUOTE=jberryhill;1463126]There are some problems with that approach.
QUOTE]

lol -- that's the understatement of the year.


Legal note: do not take my advise without first consulting your lawyer. ;^) (and/or buying a bullet-proof vest).
locos is offline   Reply With Quote
Old 05-22-2008, 02:53 PM   #6 (permalink)
Davey Davenport
 
Sterling's Avatar
 
Name: Sterling Davenport
Last Online: Today 10:32 AM
iTrader: (89)
Join Date: Jan 2005
Posts: 962
DNF$: 880
Location: Westpoint, Tenn
Country:

Send a message via ICQ to Sterling Send a message via AIM to Sterling Send a message via Yahoo to Sterling Send a message via Skype™ to Sterling

Thanks Mr.Berryhill for your response! I appreciate this very much.

I am in the process of PMing you the thread over at the other forum where I called dude out.

He does have other names that are stolen. Around 20 of them which includes mine.
Sterling is offline   Reply With Quote
Old 05-22-2008, 02:56 PM   #7 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 10:34 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,159
DNF$: 6,308
Country:




Ok, first to automatically hand back names that you truly purchase in good faith is not the best decision unless the evidence is given. I suspect this is the case and he admits they were stolen or you some how showed proof ?

Secondly name the buyer.

I am all for the return of stolen names but there is a process.
TheLegendaryJP is online now   Reply With Quote
Old 05-22-2008, 03:02 PM   #8 (permalink)
Davey Davenport
 
Sterling's Avatar
 
Name: Sterling Davenport
Last Online: Today 10:32 AM
iTrader: (89)
Join Date: Jan 2005
Posts: 962
DNF$: 880
Location: Westpoint, Tenn
Country:

Send a message via ICQ to Sterling Send a message via AIM to Sterling Send a message via Yahoo to Sterling Send a message via Skype™ to Sterling

Okay, I will post the link here (it contains some of the proof of them being my names and his response):

http://forums.digitalpoint.com/showthread.php?t=847879
Sterling is offline   Reply With Quote
Old 05-22-2008, 03:05 PM   #9 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 10:34 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,159
DNF$: 6,308
Country:




Thank you. These are the stolen names correct ...
Quote:
The domains that were STOLEN were:

IHYM.com iHym .com
IBJF.com iBjf .com
TheLegendaryJP is online now   Reply With Quote
Old 05-22-2008, 03:11 PM   #10 (permalink)
Davey Davenport
 
Sterling's Avatar
 
Name: Sterling Davenport
Last Online: Today 10:32 AM
iTrader: (89)
Join Date: Jan 2005
Posts: 962
DNF$: 880
Location: Westpoint, Tenn
Country:

Send a message via ICQ to Sterling Send a message via AIM to Sterling Send a message via Yahoo to Sterling Send a message via Skype™ to Sterling

Yes, them are mine.

Here is a list of most of the names he now has, in which one of the victims was able to get about 10 of them back. Buy, this guy still has alot of these names in his name and he knows they are stolen:

AOYC.COM 5/6/2008
BXXN.COM 5/6/2008
EWXZ.COM 5/6/2008
FXVV.COM 5/6/2008
IBJF.COM 8/24/2008
IHYM.COM 9/8/2008
QRSQ.COM 5/6/2008
QXQZ.COM 5/6/2008
WZMK.COM 5/6/2008
ZLMK.COM 5/6/2008
ZXQS.COM
OZJK.COM 05/02/2008
OZJW.COM 05/02/2008
QKBW.COM 05/02/2008
UHXK.COM
CYWP.COM
DLVU.COM
GJQV.COM
HZUD.COM
HZVQ.COM
KJWV.COM
KMQO.COM
LHOZ.COM
MHFZ.COM
QCKO.COM
WMUQ.COM
WQYO.COM
WUTQ.COM
Sterling is offline   Reply With Quote
Old 05-22-2008, 03:20 PM   #11 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 10:34 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,159
DNF$: 6,308
Country:




This may all lead back or in connection with our former scamming member 9MM !

http://www.dnforum.com/f417/unresolv...ad-282204.html

http://forums.digitalpoint.com/showthread.php?t=650303

Quote:
Joe = JKrish41 = First picture = Search google for "conquest ea scam" he stole $100, 000+
So is he tied to 9MM and the hackers ?

More on him...

http://dpscammers.com/?p=20

This is the guy who has your names.

http://72.14.205.104/search?q=cache:...n&ct=clnk&cd=2

Last edited by TheLegendaryJP; 05-22-2008 at 03:26 PM.. Reason: Automerged Doublepost
TheLegendaryJP is online now   Reply With Quote
Old 05-22-2008, 03:37 PM   #12 (permalink)
Davey Davenport
 
Sterling's Avatar
 
Name: Sterling Davenport
Last Online: Today 10:32 AM
iTrader: (89)
Join Date: Jan 2005
Posts: 962
DNF$: 880
Location: Westpoint, Tenn
Country:

Send a message via ICQ to Sterling Send a message via AIM to Sterling Send a message via Yahoo to Sterling Send a message via Skype™ to Sterling

Well JP, you are correct.

We may be talking about the same person.

http://72.14.205.104/search?q=cache:...n&ct=clnk&cd=2

That chat he posted is almost identical to the conversation I had with him down to the omg and gay stuff.
Sterling is offline   Reply With Quote
Old 05-22-2008, 03:38 PM   #13 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 10:34 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,159
DNF$: 6,308
Country:




Interesting alot of those names were owned by the below just before being transfered to Joe ( the guy who has your ) all in the last month and within a day or two of each other. Do you know if this Peter Chen had his email compromised and then names stolen out ? OR is this the theif that sold to Joe ?

Administrative Contact:
Chen, Peter Sushii@Live.ca
7 Navaho Dr.
Toronto, Ontario M2H2X2
Canada
6473385012

Ok now I am not sure but it may be Peter Chen the owner of all those other LLLL before Joe got them may be a victim as well.

The whois on your names before Joe bought is not matching the whois before Peter Chen's sold to Robert.BUT oddly enough the day Joe bought yours he bought all of Peter's ??? Very odd. Sounds like a bulk buy of stolen names to me. All from the same guy or not is hard to tell from whois.

UPDATE Just spoke with Peter Chen on the phone, he is in fact a VICTIM, all those LLLL were stolen from his account. He knows on dnf and I am emailing him the link to this thread.

Also just dawned on me, the theif has to be the same and Joe knows him or is him, here is why, how is it he buys names from 2-3 different whois ( owners ) within days of each other and all turn out to be stolen lol Not just a coincidence, not 1 or 2 or 3 but dozens !

Last edited by TheLegendaryJP; 05-22-2008 at 03:56 PM.. Reason: Automerged Doublepost
TheLegendaryJP is online now   Reply With Quote
Old 05-22-2008, 05:00 PM   #14 (permalink)
Platinum Lifetime Member
 
domaingenius's Avatar
 
Last Online: 11-07-2009 12:10 PM
iTrader: (5)
Join Date: Mar 2006
Posts: 1,027
DNF$: 148
Location: United Kingdom
Country:


Another thing I would be interested to know is this. What Registrar is involved with the thefts ?. It would be sooooo easy for an insider to get all details and either steal them himself or give to a friend to do.

DG
domaingenius is offline   Reply With Quote
Old 05-22-2008, 05:18 PM   #15 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 10:34 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,159
DNF$: 6,308
Country:




Godaddy in Peter's case, names are still there.

Also in Sterlings, thing is the registrar is here nor there in these thefts, it is a clear hack of email.

Last edited by TheLegendaryJP; 05-22-2008 at 05:20 PM.. Reason: Automerged Doublepost
TheLegendaryJP is online now   Reply With Quote
Old 05-22-2008, 05:40 PM   #16 (permalink)
Platinum Lifetime Member
 
domaingenius's Avatar
 
Last Online: 11-07-2009 12:10 PM
iTrader: (5)
Join Date: Mar 2006
Posts: 1,027
DNF$: 148
Location: United Kingdom
Country:


Quote:
Originally Posted by TheLegendaryJP View Post
Godaddy in Peter's case, names are still there.

Also in Sterlings, thing is the registrar is here nor there in these thefts, it is a clear hack of email.
OK noted. Seems that it is very risky business nowadays buying and selling domains ,as more people see easy pickings.

DG
domaingenius is offline   Reply With Quote
Old 05-23-2008, 01:14 PM   #17 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 10:34 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,159
DNF$: 6,308
Country:




ADAM, Peter Chen is going to be trying to contact you by phone at GD. Please see what you can do to help him out. Thanks, Josh
TheLegendaryJP is online now   Reply With Quote
Old 05-23-2008, 01:26 PM   #18 (permalink)
Making Everything Click
 
Focus's Avatar
 
Name: Chris
Last Online: Today 11:43 AM
iTrader: (111)
Join Date: May 2005
Posts: 9,402
DNF$: 15,330
Location: Dirty South
Country:




these crazy kids..this is'nt gonna stop 'til somebody goes just goes *poof*
Focus is offline   Reply With Quote
Old 05-23-2008, 01:35 PM   #19 (permalink)
Platinum Lifetime Member
 
domaingenius's Avatar
 
Last Online: 11-07-2009 12:10 PM
iTrader: (5)
Join Date: Mar 2006
Posts: 1,027
DNF$: 148
Location: United Kingdom
Country:


Poof,

DG
domaingenius is offline   Reply With Quote
Old 05-23-2008, 01:40 PM   #20 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 10:34 PM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,159
DNF$: 6,308
Country:




Peter has been in touch with Adam now so lets see what he can do.

Sterlling, did you try contacting Adam for help ?
TheLegendaryJP is online now   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 11:31 PM.
Copyright @2001-2009 DNForum.com