Which Foreign Registrar Best for keeping disputed Domains Safe?

[ObtainADomain]

I have a domain name that I registered after it dropped.

Just a hypothetical but what if someone forgot to re-register their domain name and it dropped to the public. If they don't have a trademark, do they have any recourse to get their domain back? (Not my case thank God but just curious if it did happen)
Also, would some big registrar in China be a safer place for domains to be registered so the U.S. courts would have less jurisdiction?

Thanks,

Obtain A Domain

 

[jberryhill]

First of all, you CAN'T transfer the domain name to another registrar ASAP, because there is a registry-imposed restriction that lasts 60 days, during which the domain name cannot be transferred to another registrar. That rule applies to all registrars.

Some registrars cooperate in these circumstances, and some registrars do not. In the absence of a trademark, there is no legal recourse, nor is there any recourse to any ICANN policy, since there is no policy addressing the situation of inadvertently dropped domains that are picked up through another registrar. While the first registrar may be in breach of contract to the original registrant, those contracts have severe limitations on registrar liability, and the first registrar can't "force" the second registrar to give the domain name back.

Since this domain name is with the same registrar, it is likely they will transfer it back under the standard "error correction" clause in your domain registration contract, which gives them the right to revoke your registration at any time if they have made an error in registering it to you (which they will certainly claim here). Make sure you get a refund or credit for another registration.

 

[ObtainADomain]

Dr. Berryhill,

I am so impressed that you would be kind enough to reply to my post on CHRISTMAS DAY! Generous and lawyer are usually mutually exclusive but we must make an exception in your case. I want to sincerely thank you (& I'm sure many of us here would feel the same) for all the advice and assistance you give us.

If I ever have enough money to hire an Intellectual Property lawyer in my time of need, You will be the one.

God Bless & Merry Christmas,

ObtainADomain