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Mutt

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#1

How To Get Domain Back?

05-21-2003, 05:38 AM

I'm going to try to get a domain back, never done it before - I need to know who provides this service(lawyer,paralegal) and how much the cost is of the process should it go the distance to WIPO. Gotta be laymen who do this, I don't see why a lawyer is
necessary but if they are the only people doing it then I'll have to go with a lawyer.

thanks

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dotdude

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#2

05-21-2003, 06:02 AM

you do not need lawyer... here are some good pointers

http://www.icann.org/udrp/
http://www.icann.org/dndr/udrp/provi...al-process.htm
http://arbiter.wipo.int/domains/
http://www.arbforum.com/domains/

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Mutt

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#3

05-21-2003, 06:30 AM

thanks for the links. Looks like it's $1,500 minimally. you should be able to get those fees passed on to person who you're trying to get the domain from, if the case goes your way.

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

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#4

05-21-2003, 06:32 AM

depends on whether it's trademarked and who has it..if it's those chinese guys you're in for a long ride
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Mutt

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#5

05-21-2003, 06:36 AM

chinese guys? doing a quick read of this WIPO site, if you win your complaint, they transfer the domain over to the winner of the dispute. It's an international agreement. How do these chinese guys avoid doing what WIPO decides?

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m0rph3us

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#6

05-21-2003, 06:37 AM

if you don't own the trademark for it you're out of luck unless it was stolen/hacked. expired/forgotten or using your business name whatever doesn't count

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d0se

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#7

05-21-2003, 08:37 AM

Originally posted by Mutt
I'm going to try to get a domain back, never done it before - I need to know who provides this service(lawyer,paralegal) and how much the cost is of the process should it go the distance to WIPO. Gotta be laymen who do this, I don't see why a lawyer is
necessary but if they are the only people doing it then I'll have to go with a lawyer.

thanks

How did you "Lose" it in the first place?

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Dusen

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#8

05-21-2003, 08:57 AM

If it expired, you're sunk. Lots of ICANN agreements that go the way of the person who snapped it up.

Unless you own the trademark or copyright to the name.

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Mutt

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#9

05-21-2003, 09:01 AM

it's a trademark, copyright issue, it's a name that belongs to a porn girl, she made the name up. I'm reading up on it now, looks like a slam dunk for her.

I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!
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p00p

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#10

05-21-2003, 09:23 AM

I think the guy who registered her name is a GFY'er.
He also registered violetblue.com who was the subject of a thread awhile ago on GFY. He is using his registrar to hide his identity on the violet blue domain, but hasn't done it on your girl's name yet.
Once you get the domain back, sue his ass off for the cost and your time.

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If the domain info is forged, go after his registrar to correct it.

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Dax

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#11

05-21-2003, 09:41 AM

Well a pornstar name is not a free pass to get it back... Cuz all the person has to do is make it a fan site and is protected.

It is a lot trickier than you think...

but good luck with it...
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Mutt

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#12

05-21-2003, 10:24 AM

He says he's a big fan of Felix's so I trust he will do the right thing and give it to her. She can do something nice for him, send him something. But that domain is hers.

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

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#13

05-21-2003, 12:09 PM

Have you tried just asking the guy? It's probably some lamer that would take $200 for it and you could avoid a huge hassle.
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AdultNex

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#14

05-21-2003, 12:29 PM

Originally posted by angelsofporn
depends on whether it's trademarked and who has it..if it's those chinese guys you're in for a long ride

*ahem* It's actually the team from Hong Kong that owns UltSearch.
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rooster

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#15

05-21-2003, 12:30 PM

"Well a pornstar name is not a free pass to get it back... Cuz all the person has to do is make it a fan site and is protected.

It is a lot trickier than you think...

but good luck with it..."

is your jlo site a fan site?

Ever notice that pretty much everything added to the Constitution after the original was a mistake.
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Mutt

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#16

05-21-2003, 12:31 PM

I don't want to ask him for it, the domain will go in her name not mine. she will ask him for it but she's moving or something and I'm not sure she even has a computer and Net access.

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

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#17

05-21-2003, 12:41 PM

Whats that site in your sig Mutt?

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FATPad

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#18

05-21-2003, 12:43 PM

Originally posted by Mutt
I don't want to ask him for it, the domain will go in her name not mine. she will ask him for it but she's moving or something and I'm not sure she even has a computer and Net access.

You don't want to ask him for it, but you're willing to get a lawyer to ask for it?

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funkmaster

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#19

05-21-2003, 12:50 PM

... ahhhh, just let it die and get dwlandscapedesign.com instead, freshly expired, has a dmoz listing and a pagerank of ZERO ...

... what was the name of the domain you lost again ?
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Mutt

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#20

05-21-2003, 01:50 PM

Originally posted by FATPad
You don't want to ask him for it, but you're willing to get a lawyer to ask for it?

yes, I want HER to ask for it, i would think the chances at getting a favorable response are better if she approaches him, he says he is a big fan of hers.

If not then I will do the WIPO dispute for her which is why I asked whether it would be better to hire a lawyer or some layman - these porn girls are young and most know nothing about the Internet let alone what to do about getting their domain name back from a squatter.

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

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#21

05-21-2003, 01:53 PM

Hey Que?

That's Sex Portraits in my sig. It features some pretty cool portraiture of porn girls, not really a porn site.
It's not Brian's work, it's another good shooter who does more video work but has this unique photo concept that i liked.

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

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#22

05-21-2003, 01:55 PM

Originally posted by Mutt

yes, I want HER to ask for it, i would think the chances at getting a favorable response are better if she approaches him, he says he is a big fan of hers.

If not then I will do the WIPO dispute for her which is why I asked whether it would be better to hire a lawyer or some layman - these porn girls are young and most know nothing about the Internet let alone what to do about getting their domain name back from a squatter.

Ahhh. I gotcha now. That makes sense.

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Que?

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#23

05-21-2003, 03:03 PM

That's Sex Portraits in my sig. It features some pretty cool portraiture of porn girls, not really a porn site.

Looks like a killer paysite in there to me

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gruffy

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#24

05-21-2003, 04:06 PM

Originally posted by Mutt
If not then I will do the WIPO dispute for her which is why I asked whether it would be better to hire a lawyer or some layman - these porn girls are young and most know nothing about the Internet let alone what to do about getting their domain name back from a squatter.

Good luck, even trademarks are having their reach to domain names curbed. If this is a properly REGISTERED trademark in the US you will still have a problem.

Out of my own curioisity, where is the trademark registered and where is the domain name registrant located? When was the mark registered? How does the mark relate to the domain name?
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Cindyff

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#25

05-21-2003, 04:29 PM

With Trade marks if there is a dispute you must be able to prove "prior art" in other words show proof that you used the name on a specific date if you cannot you lose simple as that.
This can apply to any models name for example if Aria Giovanni started using her name 3 years ago and their was someone using it 3 years and one day ago and can prove it. Then Aria would lose her right to use the name. Also anyone can call a name a trade mark ? and place ? after it , it doesn't mean much. Few take the time or pay the cost of having a true trade mark ®
I wish you good luck and hope its an easy deal for you

Cindy xx
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