Domain Dispute Arbitration Question

Collapse
X
Collapse
 
  • Page of 1
  • Time
  • Show
Clear All
new posts
Previous template Next
  • Mutt
    Too lazy to set a custom title
    • Sep 2002
    • 34431
    #1

    Domain Dispute Arbitration Question

    this is the situation - there's an adult model who has been creating a name for herself with a stagename for a year, i.e. Crissy Thomas, it's her business name, that's who she is and sells herself as. The domain name CrissyThomas.com has been registered for several years and has never had anything on it - email contact info on the domain bounces - the registrar can't contact the registrant.

    would the girl have any shot at getting the domain if she went through the domain dispute arbitration process?
    I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!
    Tags: None
    • Mutt
      Too lazy to set a custom title
      • Sep 2002
      • 34431
      #2




      I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

        Comment

        • deanberkeley
          Confirmed User
          • Sep 2006
          • 634
          #3
          I am no lawyer, and I usually side with talent. BUT from what you have said, the domain has been registered for years, and she has been pushing her name for a year. If what you say is correct, I would go with the domain holder.
          Last edited by deanberkeley; 01-29-2008, 12:12 AM.

          ICQ# 200-385-093

            Comment

            • Mutt
              Too lazy to set a custom title
              • Sep 2002
              • 34431
              #4
              Originally posted by deanberkeley
              I am no lawyer, and I usually side with talent. BUT from what you have said, the domain has been registered for years, and she has been pushing her name for a year. If what you say is correct, I would go with the domain holder.
              what if she was a singer or a lawyer or an interior decorator doing business with that name? i thought there were rules now against domain squatting - the domain is 6 years old and according to webarchive.org has never had anything on it.
              I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                Comment

                • XPays
                  Team Player
                  • May 2004
                  • 13002
                  #5
                  Originally posted by Mutt
                  this is the situation - there's an adult model who has been creating a name for herself with a stagename for a year, i.e. Crissy Thomas, it's her business name, that's who she is and sells herself as. The domain name CrissyThomas.com has been registered for several years and has never had anything on it - email contact info on the domain bounces - the registrar can't contact the registrant.

                  would the girl have any shot at getting the domain if she went through the domain dispute arbitration process?
                  probably no shot at getting the domain unless the current owner has some bad faith future use that misleads surfers into thinking the model's site is there.
                  InterNext Expo Domain Auction Live Now thru Feb 5
                  HuntingMoon GFY Domains Marketplace is LIVE
                  XPays always pays! Top Site: * RealJasmine.com * + HotelHeiress® with The Paris Hilton Sex Video
                  Insert the HotelHeiress® HD FEED into your members areas
                  XPin.com Opening for Pin Partners Soonish
                  Mainstream Offers For Emailers and DomainersNONADULT.COM


                  Like Us!

                    Comment

                    • Mutt
                      Too lazy to set a custom title
                      • Sep 2002
                      • 34431
                      #6
                      Originally posted by XPays
                      probably no shot at getting the domain unless the current owner has some bad faith future use that misleads surfers into thinking the model's site is there.
                      i figured that - the registrar hasn't been able to contact the registrant to give the cash offer to him/her - aren't the rules that the registrant must have accurate and up to date contact information?
                      I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                        Comment

                        • deanberkeley
                          Confirmed User
                          • Sep 2006
                          • 634
                          #7
                          Originally posted by Mutt
                          what if she was a singer or a lawyer or an interior decorator doing business with that name? i thought there were rules now against domain squatting - the domain is 6 years old and according to webarchive.org has never had anything on it.
                          If she was any of those things under that name, for however many years, if her years under the domain are greater than the time that the domain was registered, I would say it is hers.

                          From what I know, the only way around this, is if you make the stage name for the person, if you make the name for the person and they don't come up with it themselves then it belongs to the owner of the person who came up with the name.

                          In a case where the domain was registered before the person, you will most likely have to fight it out in court. Easy court case would be if you can prove you had it before the persona was existing. And this is where you get into legal issues that could go either way. Settlement, might be possible, but really, either party could see it worth fighting for and you could end up just spending countless dollars in money.

                          ICQ# 200-385-093

                            Comment

                            • Mutt
                              Too lazy to set a custom title
                              • Sep 2002
                              • 34431
                              #8
                              she's willing to pay for the domain - it's worth more to her than anybody else unless somebody named Crissy Thomas becomes a huge celebrity or runs for the Presidency.

                              the problem is the registrant can't be reached to make a fair offer. and i thought that was against the rules of owning a domain these days.
                              I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                Comment

                                • deanberkeley
                                  Confirmed User
                                  • Sep 2006
                                  • 634
                                  #9
                                  Originally posted by Mutt
                                  she's willing to pay for the domain - it's worth more to her than anybody else unless somebody named Crissy Thomas becomes a huge celebrity or runs for the Presidency.

                                  the problem is the registrant can't be reached to make a fair offer. and i thought that was against the rules of owning a domain these days.
                                  I don't know about those rules. But, if she does have proof she used the name before the guy now owned it. And she can prove it was her that caused him to buy it, then I would just fight it in court and say the domain is as good as hers.

                                  ICQ# 200-385-093

                                    Comment

                                    • Brujah
                                      Beer Money Baron
                                      • Jan 2001
                                      • 22157
                                      #10
                                      No match for "CRISSYTHOMAS.COM".

                                        Comment

                                        • deanberkeley
                                          Confirmed User
                                          • Sep 2006
                                          • 634
                                          #11
                                          Also, the email be wrong on some older domains. Try domaintools.com and buy the report of the domains the person owns, and see if you can get a more up to date email address that way.

                                          ICQ# 200-385-093

                                            Comment

                                            • Mutt
                                              Too lazy to set a custom title
                                              • Sep 2002
                                              • 34431
                                              #12
                                              Originally posted by Brujah
                                              No match for "CRISSYTHOMAS.COM".
                                              i just used that name as an example
                                              I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                Comment

                                                • Mutt
                                                  Too lazy to set a custom title
                                                  • Sep 2002
                                                  • 34431
                                                  #13
                                                  Originally posted by deanberkeley
                                                  Also, the email be wrong on some older domains. Try domaintools.com and buy the report of the domains the person owns, and see if you can get a more up to date email address that way.
                                                  good idea - thanks
                                                  I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                    Comment

                                                    • Hotrocket
                                                      Confirmed User
                                                      • May 2004
                                                      • 1327
                                                      #14
                                                      Working with a girl in a similar situation right now..just shot for playboy.
                                                      She uses a very unique stage name and wasn't very wise to the biz so she didn't try to register her name.com until a month or so b4 the playboy shoot..it was registered about 3 months prior by someone who as of yet hasn't responded to any form of communication.

                                                      She was using the name professionally prior to the name reg so she may have a good case for a squatting complaint.
                                                      She is willing to pay a fair amount for the .com (she reg'd all the other major extensions) but no response yet. Its not the end of the world, she can use the .net but as we all know..cant beat the .com

                                                        Comment

                                                        • XPays
                                                          Team Player
                                                          • May 2004
                                                          • 13002
                                                          #15
                                                          Originally posted by Mutt
                                                          i figured that - the registrar hasn't been able to contact the registrant to give the cash offer to him/her - aren't the rules that the registrant must have accurate and up to date contact information?
                                                          i know the feeling. it's very frustrating. sometimes even raising the offer repeatedly does not get a response. it's like , ok here's a super-premium for the domain- fucking answer me...

                                                          good luck-
                                                          InterNext Expo Domain Auction Live Now thru Feb 5
                                                          HuntingMoon GFY Domains Marketplace is LIVE
                                                          XPays always pays! Top Site: * RealJasmine.com * + HotelHeiress® with The Paris Hilton Sex Video
                                                          Insert the HotelHeiress® HD FEED into your members areas
                                                          XPin.com Opening for Pin Partners Soonish
                                                          Mainstream Offers For Emailers and DomainersNONADULT.COM


                                                          Like Us!

                                                            Comment

                                                            • Brujah
                                                              Beer Money Baron
                                                              • Jan 2001
                                                              • 22157
                                                              #16
                                                              Yes, if the registrant doesn't verify a complaint about invalid whois, the domain can be deleted.

                                                                Comment

                                                                • SmokeyTheBear
                                                                  ►SouthOfHeaven
                                                                  • Jun 2004
                                                                  • 28609
                                                                  #17
                                                                  Originally posted by Mutt
                                                                  i just used that name as an example
                                                                  you bastard i just paid 5 grand for it from some guy so i could blackmail you into buying it from me
                                                                  hatisblack at yahoo.com

                                                                    Comment

                                                                    • deanberkeley
                                                                      Confirmed User
                                                                      • Sep 2006
                                                                      • 634
                                                                      #18
                                                                      I think models should have SOME ability to get their own domains. As a model myself, I though of my name, registered the domain, then went to work. I guess some don't think the same way.

                                                                      ICQ# 200-385-093

                                                                        Comment

                                                                        • Mutt
                                                                          Too lazy to set a custom title
                                                                          • Sep 2002
                                                                          • 34431
                                                                          #19
                                                                          Originally posted by SmokeyTheBear
                                                                          you bastard i just paid 5 grand for it from some guy so i could blackmail you into buying it from me
                                                                          ha that actually happened to me once - only cost me 75 bucks but somebody suckered me in to believing that there was this amazing new porn starlet that nobody knew about except for the people who were on the set that day, her first shoot - so i went and registered her domain name. she never existed.
                                                                          I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                            Comment

                                                                            • Mutt
                                                                              Too lazy to set a custom title
                                                                              • Sep 2002
                                                                              • 34431
                                                                              #20
                                                                              GFY isn't the useless place most people like to paint it as - I asked a question and got some good and informed feedback

                                                                              if i had made the same thread on any other board in the middle of the night i'd have waited for hours if not days to get any feedback.
                                                                              I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                                Comment

                                                                                • RomaCash
                                                                                  Confirmed User
                                                                                  • Dec 2007
                                                                                  • 213
                                                                                  #21
                                                                                  how about TM?

                                                                                  If you have it - you will win.

                                                                                  We had the same Dispute with worldwidewives.com(TM), so we won.
                                                                                  PORNUPLOAD.COM Free Traffic &
                                                                                  Easy $$$money$$$ making service!

                                                                                    Comment

                                                                                    • BlackCrayon
                                                                                      Too lazy to set a custom title
                                                                                      • Jun 2003
                                                                                      • 19634
                                                                                      #22
                                                                                      Originally posted by RomaCash
                                                                                      how about TM?

                                                                                      If you have it - you will win.

                                                                                      We had the same Dispute with worldwidewives.com(TM), so we won.
                                                                                      It only matters if the domain was created after the TM, or after she started using that state name. If the domain existed beforehand, you'd still have no chance.
                                                                                      you don't know you're wearing a leash if you sit by the peg all day..

                                                                                        Comment

                                                                                        • L-Pink
                                                                                          working on my tan
                                                                                          • Mar 2005
                                                                                          • 39151
                                                                                          #23
                                                                                          Originally posted by deanberkeley
                                                                                          I don't know about those rules. But, if she does have proof she used the name before the guy now owned it. And she can prove it was her that caused him to buy it, then I would just fight it in court and say the domain is as good as hers.
                                                                                          Unless the owner has the same name it's odd that he/she would register it and never use it.


                                                                                          .

                                                                                            Comment

                                                                                            • slavdogg
                                                                                              Confirmed User
                                                                                              • Jan 2001
                                                                                              • 3570
                                                                                              #24
                                                                                              mutt hit me up i can help u
                                                                                              4549239
                                                                                              Adult Traffic for Sale

                                                                                                Comment

                                                                                                • Penny24Seven
                                                                                                  So Fucking What
                                                                                                  • Jun 2007
                                                                                                  • 6287
                                                                                                  #25
                                                                                                  I thought the contact info had to be valid also. Make a report that it is not and I think you can get it that way. I remember reading about it on here
                                                                                                  Our site is coming soon. It will be one of the best ever! I know so. Brian and Penny

                                                                                                    Comment

                                                                                                    • gideongallery
                                                                                                      Confirmed User
                                                                                                      • Aug 2003
                                                                                                      • 7082
                                                                                                      #26
                                                                                                      Originally posted by Mutt
                                                                                                      she's willing to pay for the domain - it's worth more to her than anybody else unless somebody named Crissy Thomas becomes a huge celebrity or runs for the Presidency.

                                                                                                      the problem is the registrant can't be reached to make a fair offer. and i thought that was against the rules of owning a domain these days.
                                                                                                      it is a bit sneaky but if the registration information is wrong then it will be an uncontested claim

                                                                                                      as long as you have the paperwork in place . ie a full and valid trademark the name in question then based on the rules you should be able to take the domain away from the owner even if they have a legitimate right to it.

                                                                                                      should cost you no more than 10k total.

                                                                                                      “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                                                        Comment

                                                                                                        • Mutt
                                                                                                          Too lazy to set a custom title
                                                                                                          • Sep 2002
                                                                                                          • 34431
                                                                                                          #27
                                                                                                          http://domainnamewire.com/2007/02/28...email-address/

                                                                                                          GoDaddy took a domain, FamilyAlbum.com, from its' owner and another customer re-registered it through their back order thing - the phone and mail address were correct on the WHOIS but the email address was no longer valid.

                                                                                                          2) Why was this domain removed from the original owner?

                                                                                                          ?We cancelled the domain name registration on this domain name because the customer did not respond to our email request to update the information. In fact, we did not hear from the customer for more than eight weeks after our initial contact attempt. Per ICANN regulations, we are required to collect valid information. Per our Registration Agreement, we will cancel the name for invalid Whois if the information is not updated within the appropriate amount of time.?
                                                                                                          I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                                                            Comment

                                                                                                            • LiveDose
                                                                                                              Show Yer Tits!
                                                                                                              • Feb 2002
                                                                                                              • 25792
                                                                                                              #28
                                                                                                              You may have a case with the whois info. As far as your initial premise, imagine the mess the internet would be in if we could jack domains from eachother that way.

                                                                                                              Squatting has more to do with 'bad faith' imho.... Good luck to your girl.

                                                                                                              Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

                                                                                                                Comment

                                                                                                                • Mutt
                                                                                                                  Too lazy to set a custom title
                                                                                                                  • Sep 2002
                                                                                                                  • 34431
                                                                                                                  #29
                                                                                                                  don't want to jack a domain from anybody, but if the owner isn't reachable then going this route is the only way - can't believe anybody wouldn't respond to a fair offer to buy a domain, the offer I made was not chump change - if I owned that domain I'd be happy to receive the offer and reply back I want double the offer price.
                                                                                                                  I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                                                                    Comment

                                                                                                                    • LiveDose
                                                                                                                      Show Yer Tits!
                                                                                                                      • Feb 2002
                                                                                                                      • 25792
                                                                                                                      #30
                                                                                                                      I know Mutt, I'm not saying you. Just saying that if we could challenge domain owners that way things would be messy. Your rep speaks for itself.

                                                                                                                      Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

                                                                                                                        Comment

                                                                                                                        • Purple Haze
                                                                                                                          Confirmed User
                                                                                                                          • Apr 2004
                                                                                                                          • 1021
                                                                                                                          #31
                                                                                                                          I suggest you get a lawyer involved in this matter. There are a couple of things that can be done to obtain the domain. Some have already been mentioned in this thread. A couple of other suggestions are to trademark the model's name, which will provide you with the legal action to obtain the domain.

                                                                                                                          Another way is to get a registrar, like Moniker as a third party involved, so you can buy the domain. They may be able to help you, as they have the connections to other registrars.

                                                                                                                          Good luck!

                                                                                                                          Purple Haze

                                                                                                                          Live Pay-Per-View Feeds Cobranded with YOUR LOGO

                                                                                                                          Tons of FREE CONTENT

                                                                                                                          Unique MARKETING TOOLS

                                                                                                                          Check out WebcamFeeds

                                                                                                                          See Who I Am At AdultWhosWho.com!

                                                                                                                          TURNING WEBCAMS INTO CASH FOR OVER 8 YEARS -- WE'RE BUILT TO CONVERT

                                                                                                                            Comment

                                                                                                                            • Otter
                                                                                                                              Confirmed User
                                                                                                                              • Jul 2003
                                                                                                                              • 224
                                                                                                                              #32
                                                                                                                              It sounds like she has a shot at getting it

                                                                                                                                Comment

                                                                                                                                • fuzebox
                                                                                                                                  making it rain
                                                                                                                                  • Oct 2003
                                                                                                                                  • 22365
                                                                                                                                  #33
                                                                                                                                  Originally posted by L-Pink
                                                                                                                                  Unless the owner has the same name it's odd that he/she would register it and never use it.
                                                                                                                                  There are several domain companies that register every firstname + lastname .com from baby name databases

                                                                                                                                    Comment

                                                                                                                                    Previous template Next
                                                                                                                                    Working...