Stolen Domains

[DomainSage]

If someone steals a domain name and changes all the contact info under their name. Lets say a year or two passes by and the domain name is still under his/her name, can any legal action be taken against from the person it was stolen from?
How can I prove that a name once belonged to me was stolen?

 

[Sportacle]

the story of sex.com answers your question. Technically stolen, it was later returned to the current registrant after years of legal battling.

 

[DomainSage]

Where can I read the sotry of sex.com?

What if the guy who stole sex.com just sold it, then what would be the case?

 

[dkny]

Originally posted by Sportacle
the story of sex.com answers your question. Technically stolen, it was later returned to the current registrant after years of legal battling.

the owner filed lawsuit right after it's stolen, but the case took 5 years to reach final decision.

in your case, i think you should be able to take it back. the best way is to talk to a domain lawyer.

 

[DomainSage]

So the case was filed immidately after sex.com was stolen??

My case is different, the domain name has been stolen for 2 years and I have not filed a case, is there anything that can be done? Maybe some of the lawyers here know, Howard?

 

[dkny]

Originally posted by DomainSage
So the case was filed immidately after sex.com was stolen??

yes

 

[G.A.]

I believe the original owner was 3D-EYE/Visionary Design System/IronCAD, LLC.


But maybe I'm wrong if someone on DNF know more...

 

[jberryhill]

"How can I prove that a name once belonged to me was stolen?"

That's a great question. A good start might be explaining what makes *you* think it was stolen.

As a practical matter, sitting around doing nothing for two years is probably not the best way to respond to a domain hi-jacking, because it is very unlikely that the relevant log information kept by the registry and registrar(s) is going to be readily accessible.

 

[DomainSage]

I know it was stolen because it was my domain name.

 

[izoot]

What name was stolen from you?
If I may ask....

 

[jberryhill]

"I know it was stolen because it was my domain name."

I hear this about 20 times a week. Approximately 20 times a week, it turns out that someone didn't pay their renewal fee. Once in a while, Verisign will drop one accidentally, and it can be recoverable if (a) you act promptly and (b) the name is re-registered through a registrar that will accept Verisign's statement that it was an error, and Verisign's indemnification agreement they use for those types of situations. But after two years, it is unlikely in the extreme that anyone is going to do anything about it, even if there was some kind of documentary evidence you could point to other than "it was my domain name."

 

[DomainSage]

We are skipping the question at hand. So after 2 years, there is nothing that can be done to get the name back? Even if I show old records?

Are there other ways? Please let me know my options.

 

[jberryhill]

"Even if I show old records?"

What do you have? Your question was "how do I prove it was mine". If, when asked, the only thing you have to say is "I know it was mine", then I would assume you don't have anything.

What kind of records are you talking about? What were you using the domain name for? How would you show anyone that the domain name didn't expire, and what is your answer to the question, "Why didn't you do anything for two years?"

A lot of domain hi-jacking / accidental deletion issues can be dealt with in a couple of phone calls, if dealt with promptly. In this instance, you'd probably have to do a lot more than that. But, sure, you *might* get someone's attention if you want to drop a couple of ten G's on a lawsuit. The question really is, "What are you willing to do to prove it?"

Does anyone here know if your unidentified registrar maintains archived records for that long? Not likely.

Let me re-phrase my question above to, "What would you be able to show me to convince me that the domain name had been yours?"

 

[DomainSage]

Wow, you would make a horrible attorney.

 

[DomainSage]

Talk shit? Get the **** out of my face. This guy doesn't know what he is talking about.

 

[Sheva]

Originally posted by DomainSage
Wow, you would make a horrible attorney.

he maybe appear an horrible attorney to you but I can tell you 100% for the experience I have (and I have a lot in domain legal field and other field) that you never had the experience to talk or deal with a Lawyer, again he maybe seems an horrible attorney to you but I can tell you that HE IS a REAL attorney, he talk about reality not DREAM.

Sorry to be rude but thats not a way to act....... I deal every day with attorneys because of my businesses and I can tell you that I can see that he is very professional.

If you want I can send you some email address or phone number of attorney that they will say to you: " YES, SURE WE CAN WIN, WE CAN SHOW YOU WAS THE OWNER OF THAT NAME. SEND ME A WIRE TO THIS ADDRESS: ....."

Mike

 

[Sheva]

Originally posted by DomainSage
Talk shit? Get the **** out of my face. This guy doesn't know what he is talking about.

just saw this, again am sorry to be rude but seems you are the one that doesn't know what you talking about

 

[DomainSage]

This is all a hypothetical question. No domain was ever stolen from me. I just wanted an answer to a simple question and looks like he just kept asking rhetorical questions.

We shouldn't appreciate idiots like him on the board. Its better to get no advice then bad advice, or in his case just stupid talk. The only good attorney here, that I know of, is Howard.

 

[DomainSage]

Andate tutti a 'fanculo

 

[Sheva]

Originally posted by DomainSage
This is all a hypothetical question. No domain was ever stolen from me. I just wanted an answer to a simple question and looks like he just kept asking rhetorical questions.

We shouldn't appreciate idiots like him on the board. Its better to get no advice then bad advice, or in his case just stupid talk. The only good attorney here, that I know of, is Howard.

look, even if yours was an hypothetical question, the answer was a REAL ANSWER, I think Howard will tell you the exactlly same things, and anyway you are not entitled to talking like that, who are you to say that he is a stupid just because he tried to help you on your question? I think you are crossing the line.

Mike