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Enom's "Extended RGP" bullsh*t

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Theo

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I own a registered mark and Enom has been holding the .com equivalent in "Extended RGP" mode for several months now, since it expired.

Do I have a case and can I file a UDRP against the Registrar? The current registrant is obviously Enom as the domain expired months ago. They are masking the WHOIS info with the usual "C/O" note.
 

katherine

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I would try a C&D before but they may play dead and ignore it.
If you start a UDRP it will cost you $$$$, with no guarantee you will get the name.
 

beatz

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What do you think your C&D should say ?!
Or on what grounds would you want to start a UDRP ?

Just because you have a trademark of course does *not* automatically give you the right to the domain.

What if there are other TM's for the same term ?
What if the registration date of the domain is older than your TM ?

And so on.

I don't think you have a case really.
 

Theo

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Obviously, if I am going to discuss how I do things in life that'd be a long philosophical discussion. You should ask yourself instead this: "Do I have something positive to contribute to this discussion?"

Talking about semantics is a waste of my time. Thanks.
 

Poker

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I'm with beatz...if you can't take constructive feedback then you shouldn't ask for feedback.
 

beatz

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"Do I have something positive to contribute to this discussion?"

LOL - i *DID* contribute something positive to this discussion i think.

Just scroll up and see who got negative here.

You asked for opinions, i gave mine.

Maybe next time ask for opinions that are only in favour with yours.

Or don't ask for opinions at all if you don't want to hear them.

Good luck.
 

Luc

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i honestly don't think there is much you can do here. just wait it out and keep an eye on it.

C&D will not help much, UDRP probably will take months if not years to push through, and you'll have to spend some coin on it. registrars are pretty much doing whatever they want these days.

good luck
Luc L.
 

jdk

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Theo

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i honestly don't think there is much you can do here. just wait it out and keep an eye on it.

C&D will not help much, UDRP probably will take months if not years to push through, and you'll have to spend some coin on it. registrars are pretty much doing whatever they want these days.

good luck
Luc L.

Luc, I'm examining my legal options at this point. I am in no rush. Enom either drops the domain or I can take it from their lap.

The only thing that holds me back from sending them a C&D right now is that they manage all of my domains LOL
 

beatz

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Oh dear.

If your case is so specific, you should have provided more information.

Good to see you finally took my advice to consult a lawyer.
 

Irish31

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Is Acroplex and Beatz the same person? Otherwise, I don't get why one of you just haven't let this go.

DISCLAIMER: I am no law expert on this matter


Personally though, I would at least try and C and D or UDRP, although C and D is alot easier. I would think you don't have alot to lose with a C and D at least.

May be fighting an uphill battle though. Registrars have deep pockets and influental friends.


Jay
 

Theo

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Is Acroplex and Beatz the same person? Otherwise, I don't get why one of you just haven't let this go.

DISCLAIMER: I am no law expert on this matter


Personally though, I would at least try and C and D or UDRP, although C and D is alot easier. I would think you don't have alot to lose with a C and D at least.

May be fighting an uphill battle though. Registrars have deep pockets and influental friends.


Jay


Irish, when a hot-headed Greek and a stubborn German argue, it can only be resolved over beer. So I take it that you will take us to your favorite Irish pub to settle this.
 

Irish31

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As I am Irish, and love beer, due to my Irishness, I agree to this outing!


TO THE PUB!
 

Theo

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OK let's stick to the subject - I welcome feedback from people with similar experiences or qualified legal experts.

Of course nothing in life comes free, your expert consultation time earns you my American dollars.
 

NameGuy

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I suggest you go to a lawyer for advice instead of asking people whose advice is irrelevant anyway. Then if you decide to complain about the advice given, you will have a better reason to do so.

The best idea I've heard yet for this issue: Sue ICANN for not enforcing their own rules.
 

Theo

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Absolutely. I asked for similar experience or expert advice. Now, some people feel like throwing in their 2 cents and then they throw a fit when their statements are challenged as inane.
 

Dave Zan

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Use the registrar complaint form at ICANN and indicate Enom is possibly going
against the following:

http://www.icann.org/registrars/eddp.htm

3.7.5 At the conclusion of the registration period, failure by or on behalf of the Registered Name Holder to consent that the registration be renewed within the time specified in a second notice or reminder shall, in the absence of extenuating circumstances, result in cancellation of the registration by the end of the auto-renew grace period (although Registrar may choose to cancel the name earlier).

3.7.5.1 Extenuating circumstances are defined as: UDRP action, valid court order, failure of a Registrar's renewal process (which does not include failure of a registrant to respond), the domain name is used by a nameserver that provides DNS service to third-parties (additional time may be required to migrate the records managed by the nameserver), the registrant is subject to bankruptcy proceedings, payment dispute (where a registrant claims to have paid for a renewal, or a discrepancy in the amount paid), billing dispute (where a registrant disputes the amount on a bill), domain name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN.

3.7.5.2 Where Registrar chooses, under extenuating circumstances, to renew a domain name without the explicit consent of the registrant, the registrar must maintain a record of the extenuating circumstances associated with renewing that specific domain name for inspection by ICANN consistent with clauses 3.4.2 and 3.4.3 of this registrar accreditation agreement.

3.7.5.3 In the absence of extenuating circumstances (as defined in Section 3.7.5.1 above), a domain name must be deleted within 45 days of either the registrar or the registrant terminating a registration agreement.

3.7.5.4 Registrar shall provide notice to each new registrant describing the details of their deletion and auto-renewal policy including the expected time at which a non-renewed domain name would be deleted relative to the domain’s expiration date, or a date range not to exceed ten days in length. If a registrar makes any material changes to its deletion policy during the period of the registration agreement, it must make at least the same effort to inform the registrant of the changes as it would to inform the registrant of other material changes to the registration agreement (as defined in clause 3.7.7 of the registrars accreditation agreement)."

Of course, if John or any other attorney say they don't work (or you tried it
and no dice), then no dice.

Worse comes to worse, time to unleash the legal dogs of war.
 

Theo

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Some sound advice there Dave, thanks.
 

DNQuest.com

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Alot would depend on the strength of your mark. If it were me and if I feel I had a strong case and if it is worth it, I would forgo the C+D and file a UDRP. In my opinion, you send a C+D, I could see the domain being dropped immeadiately and someone else picks it up. With filing, it locks the domain. But it does depend on what the domian is worth to you.

It would be interesting to see what would happen.
 
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