Suggestions / guidance required!

[Explore-IT]

Hello, Friends,

I would like to have your suggestions on what steps we can take to recover two domain names released earlier than required period by the Registrars, particularly these domain names are now registered by people who have nothing to do with the domains and are also showing willingness to sell the same.

To give you some more details, the registrars released these domains without waiting for completion of customary 30days whereas the domain names, which were lying with them without renewal for past 1 year, were not released. The Registrars did not send us reminder emails and when we asked them, they said it is not their responsibility.

Now, suddenly the domains which were not renewed by us at all are shown as renewed and will expire during the next month.

When we contacted the persons who registered the domains after this wrong release by the registrars, they have shown willingness to sell.

I would, therefore, like to have your suggestions on the following queries that I have:

01. Is there an Authority, which can look into the systems at the Registrars end to confirm that the systems do really confirm the set standards and rules?
02. Is there a way we can try to recover the domain names from the new registrants by showing that the domains registered has nothing to do with them personally or business name and that they have shown willingness to sell it?
03. Is there a possibility that the Registrars can be asked to help us in recovering the domains as they were wrongly released at the end of 28 days instead of 30 days?
04. Is there a time limit in which we should start the action?

I am sure you will be able to show us some way so that we can recover the domains wrongly released by the registrars.

Thanks a lot, all of you

 

[Jazz]

If they are expiring next month, put a snap on them at snapnames.com. How do u know the new owners are willing to sell? Do you have emails from them stating that? If so, you can send it in to ICANN and report a bad faith registration.

 

[DotComster]

What was the exiration date if you have it - and what date was it picked up? - These should help a bit.

Regisrtars do have a grace persiod - but they can drop a domain legaly anytime after it expires.The 30 day is also variable - from 3 days to 45 mostly.

Your best bet is to deal with the new owners, but continue this thread - you are not the first this happened to, and next time someone ask you'll be an expert.

If you and the new owner do not agree on a price - then you go to ICANN and the registrars - but that is a bigger headache than you would belive.

Good Luck

 

There is no mandatory or customary grace period required by ICANN at this time - though one is in the works.

If you allow the domains to expire, and they are purchased by someone else, you can always use the UDRP process to recover them - but you are not simply going to be able to insist that you "still had time" before the domain was dropped to renew it.

The domain expired. You let it expire. You lose.

For more information on the UDRP process, you might start here http://www.udrplaw.net.

-t

 

[Drewbert]

>How do u know the new owners are willing to sell? Do you have emails from
>them stating that? If so, you can send it in to ICANN and report a bad faith
>registration.

"Willingness to sell" in itself is not a sign of bad faith (no matter what those thieves at WIPO and NAF tell you). I bet Bill Gates would sell msn.com at the right price. If he accepts your offer, does that mean he registered the name in "bad faith" in 1994?

I think not.

And what was this guy's game - purposefully letting the names expire, and waiting for 30 days to re-register them, and complaining when they drop at 28 days?

I smell a rat.

 

[buddy]

Originally posted by Drewbert
>How do u know the new owners are willing to sell? Do you have emails from
>them stating that? If so, you can send it in to ICANN and report a bad faith
>registration.

"Willingness to sell" in itself is not a sign of bad faith (no matter what those thieves at WIPO and NAF tell you). I bet Bill Gates would sell msn.com at the right price. If he accepts your offer, does that mean he registered the name in "bad faith" in 1994?

I think not.

And what was this guy's game - purposefully letting the names expire, and waiting for 30 days to re-register them, and complaining when they drop at 28 days?

I smell a rat.

AMEN!!

 

[GeorgeK]

One guy at OpenSRS regularly renews his expired names about the 38th or 39th day after expiry, right before OpenSRS would have deleted the name. Must be toying with SnapBack holders, lol.

 

[RON2]

Originally posted by Explore-IT
01. Is there an Authority, which can look into the systems at the Registrars end to confirm that the systems do really confirm the set standards and rules?

That would be ICANN.org. But there is no set rule as to when the domain name can be deleted after your contract registration period is expired. If it passed the expiration date, even by a day, you no longer had a valid registration.

Originally posted by Explore-IT

02. Is there a way we can try to recover the domain names from the new registrants by showing that the domains registered has nothing to do with them personally or business name and that they have shown willingness to sell it?

Yes, you can use the UDRP process (see ICANN's website again). It will cost you a minimum $1600 and take at least 45 days to go through arbitration. You'll need to prove the new registrants registered the names in bad faith with bad intent and have no legitimate rights to the name. The burden of proof is on you.

Originally posted by Explore-IT

03. Is there a possibility that the Registrars can be asked to help us in recovering the domains as they were wrongly released at the end of 28 days instead of 30 days?

No chance, won't happen. Registrars were in their rights to delete the name and someone else legally registered it. Don't waste your time barking at the registrars, there's nothing they can do really.

Originally posted by Explore-IT

04. Is there a time limit in which we should start the action?

How good are the domains? You're best bet is offering the new registrants a fair amount and purchasing them back. It's the fastest and often the cheapest way to recover the names. Anything under $1600 and you would be saving money over the UDRP process. The only other thing is to use Snapnames and hope they don't renew the domains.

Good luck though, and welcome to DNF.

 

[RacerX]

Originally posted by GeorgeK
One guy at OpenSRS regularly renews his expired names about the 38th or 39th day after expiry, right before OpenSRS would have deleted the name. Must be toying with SnapBack holders, lol.

You aren't by chance referring to a one P A Gordon would you?

 

[GeorgeK]

Racer: no, I think it was someone else. Pabulum or something like that?

 

[Explore-IT]

Hello, Everybody,

Thanks for your responses.

When I raised the point whether Registrars are required to follow some set standard procedures and whether there is any authority which audits these systems and procedures is because of the following points:

01. Registrars do not send reminder emails to any of the email ids when there are 3 different email ids on record for Admin Contact, Billing Contact and Tech Contact and all are live. Had we received the reminder we would definitely have NOT allowed the domains to expire.

02. Registrars drop 4 domains even before completion of 30 days whereas the same account had other domains which were not renewed for past several months. If the system processes entire database, all the domains should have been dropped and not just the 4 domains. We could register back 2 of them as they were not registered. Also, we were able to renew one of the earlier expired domain with the same registrars.

03. Surprisingly, after some time, we find those earlier expired domains renewed even without our paying renewal fees and this time around we receive the renewal email.

So, the point I am trying to raise is can we not make a representation to ICANN and other authorities to lay down the set procedures and make sure that these practices are followed by Registrars? Can we not have Systems Auditors who would certify that the systems are in place and working fine.

One of the domains was the first name of our company and our country and I am sure it would have no meaning to the present owners except the traffic as we had good rankings on google etc. The other name also does not mean anything in English, but once again had good traffic as we used to offer free web sites and subdomains etc.

I was suggested by one of my friends that we can take the matter to Arbritation and it costs around $75 per domain. Can any one give me more details on this?

I hope this additional details will help you in guiding me.

Thanks for your Time

 

[buddy]

I was suggested by one of my friends that we can take the matter to Arbritation and it costs around $75 per domain

I doubt that it would only cost you $75 to take it to arbitration. That would not even cover the fee for the arbitrator.

Good luck!

 

[GiantDomains]

I was suggested by one of my friends that we can take the matter to Arbritation and it costs around $75 per domain. Can any one give me more details on this?

I hope this additional details will help you in guiding me.

Thanks for your Time [/B]

Hahaha, you mean $7500. when I lost 3 domains due to a glitch, I was told I would need roughly $10,000 after all the papers were filed, etc...