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Domain hijacking DomCollect Worldwide Intellectual Property AG

Discussion in 'Legal Issues' started by NeverEverClever, Jan 13, 2009.

  1. #1
    I've domain registered with 1and1.com five months ago. I'm not satisfied with their servers. So i transfered my domains to namecheap and canceled my account with them.

    See this topic: http://forums.digitalpoint.com/showthread.php?t=1183174

    2-3 days ago i checked if the transfer was complete, i saw it has a diffrent whois and owner:

    Sponsoring Registrar:1 & 1 Internet AG (R73-LROR)
    Status:OK
    Registrant ID:SPAG-34871088
    Registrant Name:Andre Schneider
    Registrant Organization:DomCollect Worldwide Intellectual Property AG
    Registrant Street1:Zeughausgasse 9a
    Registrant Street2:
    Registrant Street3:
    Registrant City:Zug
    Registrant State/Province:
    Registrant Postal Code:6300
    Registrant Country:CH
    Registrant Phone:+41.417109364
    Registrant Phone Ext.:
    Registrant FAX:+41.448334449
    Registrant FAX Ext.:
    Registrant Email:

    Today i saw that my domain is for sale, for arround 2600EURO.
    I contacted domcollect, and they can't do anything.. ''go contact with 1and1.com''

    I contacted 1and1.com and i'm receiving no help, or default faq questions, misleading instructions. It takes so long to correct this issue.
    Now, my domain is for sale.. when somebody buys it.. i'm screwed.

    What should i do, HELP!
     
    NeverEverClever, Jan 13, 2009 IP
  2. hostlonestar

    hostlonestar Peon

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    #2
    I know lots of people that have issues with that, I will look through their TOS real quick and see if I can help you out.
     
    hostlonestar, Jan 13, 2009 IP
  3. hostlonestar

    hostlonestar Peon

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    #3
    Well, I looked through their TOS and they say they won't do that. I also gave them a call and spoke with their sales department, the rep said a lot of times when this happens the client says they want to cancel everything and doesn't specify to only cancel the hosting service. Have you called them and asked to be forwarded to a manager, or submitted a ticket and asked it to be escalated to a manager to find out if this happened to you as well? I'll admit, its pretty shady to do this kind of thing, however, if you told them to cancel everything they may have taken it to mean the domain as well, and decided to try to turn a nice profit on it as well.
     
    hostlonestar, Jan 13, 2009 IP
  4. NeverEverClever

    NeverEverClever Peon

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    #4
    Thanks for your reply. I canceled everything, not only my hostingpackage.. but also domains (because i was transfering it to namecheap.com) - newbie error.

    Namecheap.com said, you have to contact 1and1:

     
    NeverEverClever, Jan 14, 2009 IP
  5. venturefox

    venturefox Notable Member

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    #5
    A good reason why you should always keep your hosting and domains seperate. Many web hosting companies offer cheap domains (or even free) as a way of locking you into their services. It's a dirty trick but unfortunately many of the same companies spell it out in their not-often-read terms of service. It's always best to make sure you get hold of any domains before cancelling your service with them - they have even less incentive to help you now. I'm sure many more people have been burnt the same way but you can only learn from your mistakes.
     
    venturefox, Jan 14, 2009 IP
  6. hostlonestar

    hostlonestar Peon

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    #6
    I recommend contacting ICANN and seeing if they can help you out. I forgot all about them. They may be able to help you out, possibly, not sure what they can do though. If you did cancel the domain that means you may be screwed.
     
    hostlonestar, Jan 14, 2009 IP
    NeverEverClever likes this.
  7. NeverEverClever

    NeverEverClever Peon

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    #7
    NeverEverClever, Jan 18, 2009 IP
  8. DBAPaul

    DBAPaul Peon

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    #8
    I currently have a different but somewhat similar problem with 1&1's domain registration department.

    I created and registered "Page404.com" about November of 2000 with a different hosting/register company and transferred it to 1&1 around 2002 (mid-term). Due to a serious medical issue I allowed it to lapse in 2005, 1&1 took over the domain re-purposing it as a parked search engine for users mistyping their desired address and actually entering "Page404.com.whatever"

    I fully realize that I have no real legal right to this domain so it isn't really a case of hijacking or cyber squatting unless the fact that I've used Page404 as a username since 2000 in several forums/communities can somehow be used to establish a registered trademark, which I have neither the time, resources nor inclination to do

    My question is who is the best person / entity to contact which might allow me to regain this domain which currently expires Feb. 19th 2013 and is currently being auctioned through godaddy domain auctions as well as SEDO and probably domcollect as well.

    godaddy's domain auction system seems to be list it for three weeks, when it doesn't sell, extend the expiry date by three weeks and re-list it for auction again endlessly.

    I've emailed directly and received no response. I would simply like the domain name returned to me for a nominal fee of $10.00 and am interested in how to proceed in my situation.

    As I said, its not really a legal issue, its more a moral issue for a company that hides behind their rules to keep all they can grab.

    Any thoughts?
     
    DBAPaul, Feb 4, 2013 IP
  9. ema shanty

    ema shanty Greenhorn

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    #9
    Have you called them and asked to be forwarded to a manager, or submitted a ticket and asked it to be escalated to a manager to find out if this happened to you as well? I'll admit, its pretty shady to do this kind of thing, however, (cara membuat blog) if you told them to cancel everything they may have taken it to mean the domain as well, and decided to try to turn a nice profit on it as well.


    Bank Mandiri Bank Terbaik di Indonesia
     
    ema shanty, Feb 5, 2013 IP
  10. browntwn

    browntwn Illustrious Member

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    #10
    It was over 4 years ago. Pretty sure she is not checking back here still looking for help. Always check the date of the original post when trying to respond to a thread you find on the forum.



    Your issue is really just a question of who wants the domain and is willing to pay for it now. There is no moral issue regarding a domain you lost in 2005 and now want returned for a "nominal fee" in 2013. If you want it, buy it. You have no special rights to this name just because you previously owned it.

    I once lost a name that was very important to me through my own neglect. Luckily some years later I was able to get it back. Hopefully you can do the same. Good luck.
     
    browntwn, Feb 5, 2013 IP
  11. xanth

    xanth Active Member

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    #11
    I'm very sorry to hear about your problem. However, it's not clear how this third party was able to acquire your domain name. If you purchased the domain with hosting and it was a year later, you would not have been able to transfer the domain since registrars lock the domain from transfer within a short time period prior to expiration. Maybe you can tell us more about when the domain registration expired - if it did, how long of a period of time was it until you realized the issue, etc. This way we can determine whether there was fault, negligence or fraud by a responsible party.
     
    xanth, Feb 5, 2013 IP
  12. cinema

    cinema Member

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    #12
    1and1.com cost me thousands of dollars with a similar snafu. I truly feel the pain of the original poster here and can say from experience 1and1.com while extremely friendly during the purchasing process often turns into a monster when you demand they deliver what is promised. Long story shortened "They deleted every file on my server and then said it was my fault" wouldn't apologize, couldn't locate a backup of my files and told me I was pretty much out of luck in recovering my files.
     
    cinema, Feb 5, 2013 IP
  13. Xavier Domains

    Xavier Domains Peon

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    #13
    I have just come across this discussion and reason I found it was I was watching "A" domain
    and saw the whois change from THIS ;
    Registry Domain ID:
    Registrar WHOIS Server: whois.1und1.info
    Registrar URL:
    Updated Date: 2012-08-12 00:00:00
    Creation Date: 2012-05-20 00:00:00
    Registrar Registration Expiration Date: 2014-05-20 00:00:00
    Registrar: 1&1 Internet AG
    Registrar IANA ID: 83
    Registrar Abuse Contact Email:
    Registrar Abuse Contact Phone:
    Reseller:
    Domain Status: clientTransferProhibited
    Registry Registrant ID:Deleted
    Registrant Name: Deleted
    Registrant Organization: Deleted
    Registrant Street:
    Registrant City: London
    Registrant State/Province:
    Registrant Postal Code:
    Registrant Country: GB
    Registrant Phone: +44.
    Registrant Phone Ext:
    Registrant Fax:
    Registrant Fax Ext:
    Registrant Email:
    Registry Admin ID:

    And then recently changed TO;

    Domain Name: xvvbzbbbbbbbbb.com
    Registry Domain ID:
    Registrar WHOIS Server: whois.1und1.info
    Registrar URL:
    Updated Date: 2014-05-20 00:00:00
    Creation Date: 2012-05-20 00:00:00
    Registrar Registration Expiration Date: 2015-05-20 00:00:00
    Registrar: 1&1 Internet AG
    Registrar IANA ID: 83
    Registrar Abuse Contact Email:
    Registrar Abuse Contact Phone:
    Reseller:
    Domain Status: clientTransferProhibited
    Registry Registrant ID:
    Registrant Name: Andre Schneider
    Registrant Organization: DomCollect AG
    Registrant Street: Zeughausgasse 9a
    Registrant City: Zug
    Registrant State/Province: ZG
    Registrant Postal Code: 6300
    Registrant Country: CH
    Registrant Phone: +49.22199555323
    Registrant Phone Ext:
    Registrant Fax: +49.22199555310
    Registrant Fax Ext:
    Registrant Email:
    Registry Admin ID:

    As far as I can ascertain the domain was NOT sold and
    I know it was in entirely different details to Schneider
    and completely seperate. HOW can he therefore get
    his hands on this domain without unlawful activity ??

    Thanks Xavier
     
    Xavier Domains, May 30, 2014 IP
  14. hockeystick

    hockeystick Well-Known Member

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    #14
    Are you sure that the domain did not expire?
     
    hockeystick, May 30, 2014 IP
  15. Xavier Domains

    Xavier Domains Peon

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    #15
    The domain's last day of registration was 2014-05-20 .Now at registrars the original registrant should get a redemption period followed by a pending delete, BUT if you look at the dates of both the WHOIS records you will see that on 2014-05-20 the registrant changed to the new owner. 100% certain without doubt.
     
    Xavier Domains, May 30, 2014 IP
  16. hockeystick

    hockeystick Well-Known Member

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    #16
    Here's a potential issue - you can't transfer a domain within a certain period of time before and after expiration.
     
    hockeystick, May 30, 2014 IP
  17. Xavier Domains

    Xavier Domains Peon

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    #17
    Yes thats right, especially with the new rules ICANN introduced in the new contract with Registrars concerning expiry notices etc. Maybe someone can make a generic complaint to ICANN ?.
     
    Xavier Domains, May 31, 2014 IP