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Besides the overwhelming amount of identities to unwind in this case, the case may be an interesting one to watch in terms of jurisdictional issues as DirectNic Ltd is an offshore based company and other defendant companies and individuals are based in separate jurisdictions. Verizon claims in the filing that the jurisdiction is correct because the companies “conducted systematic and continuous business within Florida as a consolidated group of companies that operate the registrar that uses the domain name directNic.com
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The have (or at least had) their offices in down town New Orleans. I noticed they changed the address of the company on the their website to "offshore", but to my knowledge they still live and operate in the US.
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An important part of this case I skimmed over in reading the 32 page filing and Andrew points out at DNW is that these “infringing domains” were names that the company took over and monetized after the domains expiration. They were listed as the registrant for the period between when the domain names expired and were deleted. As Andrew points out the case “could have ramifications for most major domain name registrars and their expired domain parking practices, let alone “coming soon” placeholder pages”
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This part pisses me off and has always gotten under my skin with domain registers. I can't stand how as soon as your domain expires they put up one of their parking pages. Even though I still have 30 days to renew it. I can understand when I lose it you can do what ever you want. But these guys aren't stupid, they use that 30 day window to not only make revenue but they get to test out your traffic. They way I understand it if they notice you have a good amount of traffic then when your 30 days are up and you don't renew THEY buy the domain before anyone else can. I think that practice shouldn't be allowed by registers. If you are a register, you should not also be buying up domains at an unfair advantage over your own clients and everyone else. I look at that like insider trading with stocks. No wonder they own 10,000's of domains.
I don't understand how this is legal. If the domain is not mine any more the second it expires than who's is it? If it is the registers then fucking don't make me pay for the time YOU are making money from my domain. If my domain expires and i wait 30 days to renew it, once it is renewed I wind up paying for the previous 30 days as well. But I didn't "own it" then, they must have because they put their shit on it and made money from it. So if they own it they should have paid for that time, not me. It's total bullshit.
The other thing that pisses me off is when you are late renewing they automatically switch the dns, but when you pay they don't switch it back. The first time I noticed this I was 1 day late on a bunch of domains, realized they expired, hurried up and renewed them, and then a week later noticed the parking page was still up because it was still set to their parking dns and not put back to my dns. If they can auto change to their parking dns when it expires, they can auto change it back when I pay. I wonder how often that happens to other people and how much extra money is made by them.
With that being said, I still like directnic, have over 300 domains with them. From my understanding a lot of registers do this, and I've never had any problems with them, just can't stand the way they handle expiring domains.
Yes I know, it's my fault the domain expired, but that is not the point so :321GFY in advance to people who say that.
Looks like the "trying to profit and test drive domains" during the 30 day expiring period has come back to bite them in the ass. The amount of domains that expire every day and they throw their own parking pages up on has to be so many that there is no way they can check every one for potential trade mark violations. I would bet they didn't do this on purpose, and probably didn't even know about it till Verizon contacted them.
