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| Davey Davenport Name: Sterling Davenport Last Online: Today 10:32 AM iTrader: (89) Join Date: Jan 2005
Posts: 962
DNF$: 880 Location: Westpoint, Tenn
Country: | 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 $1500 is a bit steep for my 2 names. Thing is, there are more owners of more names that he has and he knows they were stolen. |
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| | #2 (permalink) |
| Last Online: 11-19-2009 07:01 PM iTrader: (26) Join Date: Dec 2004
Posts: 4,442
DNF$: 366 Location: Elad
Country: | 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! |
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| | #3 (permalink) |
| Platinum Lifetime Member 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. |
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| | #4 (permalink) | |||
| Philadelphia Lawyer | Quote:
Quote:
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__________________ 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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| | #5 (permalink) |
| Platinum Lifetime Member 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). |
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| | #6 (permalink) |
| Davey Davenport Name: Sterling Davenport Last Online: Today 10:32 AM iTrader: (89) Join Date: Jan 2005
Posts: 962
DNF$: 880 Location: Westpoint, Tenn
Country: | Thanks Mr.Berryhill for your response! I appreciate this very much. I am in the process of PMing you the thread over at the other forum where I called dude out. He does have other names that are stolen. Around 20 of them which includes mine. |
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Country: | Ok, first to automatically hand back names that you truly purchase in good faith is not the best decision unless the evidence is given. I suspect this is the case and he admits they were stolen or you some how showed proof ? Secondly name the buyer. I am all for the return of stolen names but there is a process. |
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| | #8 (permalink) |
| Davey Davenport Name: Sterling Davenport Last Online: Today 10:32 AM iTrader: (89) Join Date: Jan 2005
Posts: 962
DNF$: 880 Location: Westpoint, Tenn
Country: | 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 |
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| | #10 (permalink) |
| Davey Davenport Name: Sterling Davenport Last Online: Today 10:32 AM iTrader: (89) Join Date: Jan 2005
Posts: 962
DNF$: 880 Location: Westpoint, Tenn
Country: | Yes, them are mine. Here is a list of most of the names he now has, in which one of the victims was able to get about 10 of them back. Buy, this guy still has alot of these names in his name and he knows they are stolen: AOYC.COM 5/6/2008 BXXN.COM 5/6/2008 EWXZ.COM 5/6/2008 FXVV.COM 5/6/2008 IBJF.COM 8/24/2008 IHYM.COM 9/8/2008 QRSQ.COM 5/6/2008 QXQZ.COM 5/6/2008 WZMK.COM 5/6/2008 ZLMK.COM 5/6/2008 ZXQS.COM OZJK.COM 05/02/2008 OZJW.COM 05/02/2008 QKBW.COM 05/02/2008 UHXK.COM CYWP.COM DLVU.COM GJQV.COM HZUD.COM HZVQ.COM KJWV.COM KMQO.COM LHOZ.COM MHFZ.COM QCKO.COM WMUQ.COM WQYO.COM WUTQ.COM |
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| | #11 (permalink) | |
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Country: | This may all lead back or in connection with our former scamming member 9MM ! http://www.dnforum.com/f417/unresolv...ad-282204.html http://forums.digitalpoint.com/showthread.php?t=650303 Quote:
More on him... http://dpscammers.com/?p=20 This is the guy who has your names. http://72.14.205.104/search?q=cache:...n&ct=clnk&cd=2 Last edited by TheLegendaryJP; 05-22-2008 at 03:26 PM.. Reason: Automerged Doublepost | |
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| | #12 (permalink) |
| Davey Davenport Name: Sterling Davenport Last Online: Today 10:32 AM iTrader: (89) Join Date: Jan 2005
Posts: 962
DNF$: 880 Location: Westpoint, Tenn
Country: | 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. |
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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 |
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| | #14 (permalink) |
| Platinum Lifetime Member Last Online: 11-07-2009 12:10 PM iTrader: (5) Join Date: Mar 2006
Posts: 1,027
DNF$: 148 Location: United Kingdom
Country: | Another thing I would be interested to know is this. What Registrar is involved with the thefts ?. It would be sooooo easy for an insider to get all details and either steal them himself or give to a friend to do. DG |
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| | #16 (permalink) | |
| Platinum Lifetime Member Last Online: 11-07-2009 12:10 PM iTrader: (5) Join Date: Mar 2006
Posts: 1,027
DNF$: 148 Location: United Kingdom
Country: | Quote:
DG | |
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