What's the definition of stealing a domain

[kixx]

I got complain from the pre - domain owner about the domain I registreed few days ago. And I want to know if they don't renew their domain and I register it, am I stealing their domain?

 

[MBZ]

If the previous owner did not renew, no, you are not stealing
their domain. Sometimes the previous owner lets the name
expire unknowingly, or the registar screwed up somewhere.

If the previous owner has let the name expire by mistake, and
if you're confident of this, maybe consider giving them a break
and transfer it back to them for a small fee.

 

[DropWizard.com]

Old owners surface all the time. Mostly with complaints about how they were "screwed" out of their domain. It's always someone elses fault. Lots of threats of lawsuits. Put them on ignore unless they start talking "NICELY & MONEY"

Also a lot of guys use this approach as a scam hoping the new owner will be sympathetic and sell them the domain at a cheap price. Always demand proof you're actually dealing with the previous owner.


DropWizard.com

 

[GeorgeK]

Check Alexa, or www.archive.org, as both can give clues about the prior owner (or Google's cache of the site, if it only expired recently).

 

[Domain]

You have to wonder about a previous owner complaining about a lost domain. Do they not look at their own website once in a while? The domain is usually placed on hold when payment is not received and non functional for about 30 - 45 days or longer prior to release.

When you stop paying your phone bill, your phone becomes disconnected and the number can be handed out to someone else. Why should domains be any different?

You snooze, you loose

 

[kixx]

Thanks guys! Lean a lesson today

 

[DomeBase]

In the U.S. if someone does not pay taxes on their property and goes into default, someone else can start paying those taxes and then become owner of the property. This is not called stealing.

Suppose that you get season football tickets to seat 102A at a stadium and do not renew for the next season. The next season someone else buys season tickets for 102A. This is not called stealing.

Seems to me the analogies hold true for domains as well.

 

kixx,

What is the domain? I ask becaause a Korean person stole a two letter .com last week and it is now in dispute.

 

If a previous owner approaches me, then this is the kind of thing I send them:

This domain was created by way of a normal registration, not a transfer. As such, it would appear that your original domain name was cancelled and subsequently deleted. Our domain and your domain are not the same, and their only common connection is the character string itself.

As per the registration agreement you agreed to at point of registration, if you do not pay the renewal fee the domain registration is terminated. Registrars go to great lengths to contact registrants when renewals are due and past due, the domain is then normally suspended for a period exceeding 1 month - all this is done to alert and remind the registrant of the need to pay the renewal fee. If they cannot contact you due to inaccruate details in the whois database that too is a breach of the registration agreement.

Your redress in this matter is with the party that was negligent and allowed the name to be deleted and not with ourselves.

 

[fizz]

Will keep this text on file - thanks safesys.

 

[Who-Wiz]

Originally posted by fizz
Will keep this text on file - thanks safesys.

Yup, nice wording, ss.

~ W|Z

 

[kixx]

The pre-owner is sending me all the trademark stuff and lawyers letter. Will keep you guy up-to-date.

 

[DomeBase]

Originally posted by kixx
The pre-owner is sending me all the trademark stuff and lawyers letter. Will keep you guy up-to-date.

If the previous owner has a genuine trademark on the name, then this is different. If the name expired, I would still say that it is not "stealing," but it could be trademark infringement which would mean that you would have to respond in a different way than suggested above. I would recommend checking whether it is a trademark but do not show the name here. Then folks here may give additional advice.

Best wishes.

 

[draqon]

you can still safely have a trademarked domain if you can make legitimate use of it. I could go and register CocaCola.com any day of the week (if it was available) and set up a site that criticized or parodied Coca Cola.

In WIPO, the people have to show two main things: the domain was registered in bad faith, and it is being used in bad faith. Regardless of what the domain is, you can set up some sort of silly site that gives it legitimacy. I remember someone on this forum who had Merrilynch.com, which is a clear mispelling of Merryl Lynch. But since he set up a one-page short story about a little girl whose name happened to be Merri Lynch, he was allowed to keep the domain.