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atom

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#1

Domain Registrar Question

04-15-2011, 11:50 AM

Ok, in a nutshell here is my situation. Ive had a domain for awhile, when it was registered I had no intention of playing off anybody's trademark, company, business etc.

In the last week there has been an organization that launched and it is very similar to my domain. The domain I have has never had anything built on it and I'm worried these guys will try and come after it. Maybe im just being paranoid.

Is there a registrar out there that will flat out refuse to transfer domains under any circumstances? I do not want to be forced to give it up.

Again, I have not been emailed or contacted in anyway, I just want to protect a domain I've been paying for. I do plan to use it one day.

Thanks....

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CYF

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#2

04-15-2011, 11:53 AM

find out when they registered their trademark. Since your domain was probably registered first you should be OK.

Make sure the domain isn't parked and displaying ads, if their ad is displayed the can use that as bad faith.

If they get a UDRP decision against you then any registrar would be forced to transfer it to them.

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BlackCrayon

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#3

04-15-2011, 11:58 AM

you don't want to use any registrar that would do that. that would mean they don't follow icann rules and could be discredited at any time.

if you owned the domain before they had the tradmark and you don't have any ads that resemble them or what they are selling you shouldn't have much to worry about.

you don't know you're wearing a leash if you sit by the peg all day..
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#4

04-15-2011, 12:30 PM

Thx for the replies. Ok, I see how it is not Icann compliant if it flat our refuses. Are there any registrars out there that will make it harder for the transfers to go through?

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BlackCrayon

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#5

04-15-2011, 01:02 PM

Originally posted by atom

Thx for the replies. Ok, I see how it is not Icann compliant if it flat our refuses. Are there any registrars out there that will make it harder for the transfers to go through?

nope...why would they? once a compliant is filed with wipo, the domain is locked, can't be transfered. you can, of course, fight it. it doesn't take much. just follow the instructions on how to respond. often if you are really in the right, you will win.

you don't know you're wearing a leash if you sit by the peg all day..
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cooldude7

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#6

04-15-2011, 01:09 PM

Originally posted by atom

Thx for the replies. Ok, I see how it is not Icann compliant if it flat our refuses. Are there any registrars out there that will make it harder for the transfers to go through?

yes , there are many registrars,
try internet.bs offshore, or u can go to Chinese registrars which are bulletproof, they dont give a fuck to US laws.
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BlackCrayon

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#7

04-15-2011, 01:55 PM

Originally posted by cooldude7

yes , there are many registrars,
try internet.bs offshore, or u can go to Chinese registrars which are bulletproof, they dont give a fuck to US laws.

its not us law...all registrars are bound to follow the rules of udrp. even in china.

you don't know you're wearing a leash if you sit by the peg all day..
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webair

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#8

04-15-2011, 01:59 PM

Are the services you are planning to offer on the domain similar to theirs in any way?

Last edited by webair; 04-15-2011, 02:06 PM.

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CYF

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#9

04-15-2011, 02:28 PM

Originally posted by atom

Thx for the replies. Ok, I see how it is not Icann compliant if it flat our refuses. Are there any registrars out there that will make it harder for the transfers to go through?

Godaddy will suspend it over pretty much anything. If it's there, move it ASAP.

If the registrar is ordered to transfer it, they will do it. None of them will throw up roadblocks if they're ordered to transfer the domain.

On the other hand, no registrar should transfer it unless either you ask for it or they're ordered to do it.

I recommend Fabulous, Dynadot or internet.bs for good registrars.

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Agent 488

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#10

04-15-2011, 02:30 PM

just sell it to them.
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atom

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#11

04-15-2011, 07:43 PM

Originally posted by webair

Are the services you are planning to offer on the domain similar to theirs in any way?

No, not in any way, shape or form. I actually just built a place holder site with my intentions so they can't bitch that I as trying to steal their brand etc.

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DaddyHalbucks

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#12

04-15-2011, 08:12 PM

Originally posted by atom

Ok, in a nutshell here is my situation. Ive had a domain for awhile, when it was registered I had no intention of playing off anybody's trademark, company, business etc.

In the last week there has been an organization that launched and it is very similar to my domain. The domain I have has never had anything built on it and I'm worried these guys will try and come after it. Maybe im just being paranoid.

Is there a registrar out there that will flat out refuse to transfer domains under any circumstances? I do not want to be forced to give it up.

Again, I have not been emailed or contacted in anyway, I just want to protect a domain I've been paying for. I do plan to use it one day.

Thanks....

Yea, register it with a rogue registrar, one that is not bound by ICANN rules.

Whoops, there isn't one!

Now are you ready for a real answer? Here it is: get a legitimate use for your domain, that is a great defense.

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~Ray

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#13

04-16-2011, 05:26 AM

maybe sue them for infringement. You had it first.

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