!!! Was the domain I bought stolen property ??? !!!

[Manic]

I just recieved the following email which seems to be from Enom.

I paid a reasonable sum, for the quality name in question, earlier this year.

I have records of the whois previous to my ownership.

What should I do?

How can I show that I am lawfully entitled to be the owner of the name?

Thanks to anyone who can help!




We have received credible information that the domain name listed in the
subject of this email was transferred to eNom and/or that the WHOIS
information for this domain name was altered, all as part of a scheme to
illegally assume control of the domain name.

I will transfer this domain back to the claimant by the end of the day on
August 21, 2003, unless you contact me before then and make a reasonable
demonstration that you are lawfully entitled to be listed as the registrant
for this domain name. Please be aware that any communication by you in
response to this email will not be confidential and may be shared with the
claimant.

Regards,

Martin Garthwaite
General Counsel
eNom, Incorporated
16771 NE 80th Street, Ste. #100
Redmond, WA 98052
425-883-8860 ext. 270

 

[Mr Webname]

Maybe need to check out who you bought it from - there's a lot of it about!

 

[iBizStart]

Just send them proof of payment

 

[Manic]

Thanks, Mr Webname. I will.

 

[Manic]

Originally posted by byalik
Just send them proof of payment

Thanks, byalik.

I bought the name through Escrow.com.

Will this help me at all?

 

[bidawinner]

This is a prime example of why anyone should be able to review past owners of domains, and why every domain name that does not have correct account information..as in a legal person or business complete with name , address and phone.


All others should be deleted..

Before others in chime in..I could care less that you "wish" to remain private.. go crawl in a hole then..

Domain names are of public record and those records should be accurate

 

[actnow]

Bid, I agree with you. I wish there was an efficient service that offered the info. Just like you could get to trace ownership of a piece of land or a car.

I know Western Law and a couple others offer a service. But, it is expensive. Or, incomplete.

I often wonder why someone in this industy hasn't jumped on this opportunity.

 

[Manic]

I've been advised by snoopy (at Domain State DOT com) to check http://openaccess.dialog.com/ip/ and alexa.com for "whowas" type information.

I'll also be getting in touch with a laywer today.

I'll keep this thread updated in the hopes that the info may assist other domain developers in avoiding such situations.

 

[Steen]

Originally posted by byalik
Just send them proof of payment

Just becuase you bought stolen property does not meen you are off the hook.


If it was truthfuly stolen, it should get returned to the person it was stolen from.



But I hope enom is smarting than those idiots who dont renew a domain name and than claim it was stolen/hijacked.



Keep Us Posted.

 

[Steen]

BTW, this sounds too common (in its content, not complexity) to ouch.com :-(

 

[DomainGoon]

Get a good lawyer.

 

[beatz]

"..unless you contact me before then and make a reasonable
demonstration that you are lawfully entitled to be listed as the registrant for this domain name."

What kind of BS is that ?!

Like, i always thought it was innocent til proven guilty, not the other way around ?
What if you would happen to not have stored any documentation about that name - that would give enom the right to take your name away ?
Very strange understanding of the law on enom's side in my view.

I even think if they would indeed take the name away without any court order, you then could sue them and would have a good chance in court.

 

[LewR]

Originally posted by actnow
Bid, I agree with you. I wish there was an efficient service that offered the info. Just like you could get to trace ownership of a piece of land or a car.

I know Western Law and a couple others offer a service. But, it is expensive. Or, incomplete.

I often wonder why someone in this industy hasn't jumped on this opportunity.

I don't think that it is an opportunity - I think it is an obligation of the issuing body of the TLD to hold public all records of owners - past and present of domain names. Many do not like this idea - especially with US tax laws - but it could help more than hurt.

JMO

 

[Manic]

I've contacted eNom and am hoping to find out more of the story soon.

 

[Nexus]

Originally posted by beatz
"..unless you contact me before then and make a reasonable
demonstration that you are lawfully entitled to be listed as the registrant for this domain name."
What kind of BS is that ?!
Like, i always thought it was innocent til proven guilty, not the other way around ?

That's before there were online Terms of Service. :-D Just read through PayPal's...

I hope you can avoid this, Manic. Hopefully someone didn't sell you stolen goods. Even in the real world, "I didn't know" doesn't really cut it unfortunately. Caveat Emptor.

Originally posted by beatz
Very strange understanding of the law on enom's side in my view.

What law?

Originally posted by beatz
I even think if they would indeed take the name away without any court order, you then could sue them and would have a good chance in court.

Has anyone ever read your service contract? As much as we like hearing about cases like Sex.com, one of the points of contention is that when that had happened, Network Solutions did not have certain wording in their Terms of Service. Enom or any prudent registrar is no different in protecting themselves against retribution for what they may need to do.

14. Breach and Revocation:

eNom reserves the right to suspend, cancel, transfer or modify your domain name registration or suspend, cancel or modify other services we provide in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by eNom, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including eNom) or registry administrator procedures approved by an ICANN-adopted policy, (1) to correct mistakes by eNom, another registrar or the registry administrator in administering the name or (2) for the resolution of disputes concerning the domain name.

You also agree that eNom shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as eNom receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

Now, to get someone off their keister, they can say ANYTHING they want about the timing. It's what they DO that will matter if legal action is taken. Always keep local copies of any Terms of Service for all companies you deal with.

~ Nexus

 

[jberryhill]

"I even think if they would indeed take the name away without any court order, you then could sue them and would have a good chance in court."

If anyone seriously believes that the registration contract is not written to give the registrar broad discretion to handle situations like this, they are kidding themselves.

I have not read Enom's service contract, nor have I looked closely at the section posted above. But the probability of them entering into a suicide pact each time they register a domain name when there may be another party claiming fraud or illegality, is about nil.

"Enom or any prudent registrar is no different in protecting themselves against retribution for what they may need to do."

...absolutely. And it would be surprising if they have not.

 

[Manic]

Thankyou jberryhill, and everyone else of course, for taking the time to comment.

No new info to impart, as yet.

 

[JuniperPark]

I think I posted this on another forum, but I'll say it here too... I've had to deal with Martin (eNom's legal council) recently, and found him to be very fair and reasonable.

Wait a minute... maybe we should check his background, he CAN'T be a lawyer!

Ironicly, I hired Steve Cohen in 1988 to write a use contract for my BBS. You probably know of Steve Cohen... he was later jailed for 5 years for practicing law without a license, but REALLY became famous we he forged a letter to NetSol to gain control of sex.com, then skipped to Mexico with several million $ when they came to collect.

- Dale

 

[jberryhill]

Some lawyers have more, um, initiative than others.

And, yes, Mr. Garthwaite is a reasonable guy.