Domain stolen? Pay a lot of money and try to get it back

Discussion in 'Domain Names' started by Thiassi, Apr 23, 2008.

  1. #1
    This is nuts! I got sosu.com stolen at GoDaddy, and have been talking with them almost everyday and with the BBB. GoDaddy's response is that domains are like car titles. WTF! GoDaddy said I should file a complaint so I did. So for $1500 I can have one person hear my case, or for $4000 I can have three people hear my case. I have asked over and over for GoDaddy to ask how the thief ended up with my domain, but they won't. I asked GoDaddy to investigate my account being hacked, but they won't. I have been with GoDaddy for 10 years!

    Latest email:
    --------------

    Dear Sir,

    This is further to your email of April 4, 2008.

    Please note that the WIPO Arbitration and Mediation Center does not deal with problems related to domain name registrations, which must be solved directly with the Registrar (= entity with which you have registered the domain name, which can be found on http://www.internic.net). We would recommend that you contact the Registrar directly in order to obtain information on this issue.

    Our services are limited to the administration of disputes over the abusive registration and use of domain names that infringe third-parties' trademark rights under the Uniform Domain Name Dispute Resolution Policy (UDRP).

    As an administrative alternative to court proceedings, the UDRP provides an efficient option for the resolution of disputes between a domain name registrant and a third party-trademark or service mark owner over the abusive registration and use of an Internet domain name.

    The Uniform Domain Name Dispute Resolution Policy (UDRP) is solely intended to
    resolve disputes between trademark owners and holders of domain names registered
    and used in bad faith.

    The UDRP procedure is applicable for every gTLD domain name
    (ending in .com, .net, .org, etc) and those ccTLDs that have opted for the UDRP as
    their dispute resolution policy. See list at http://arbiter.wipo.int/domains/cctld/index.html

    The UDRP Policy and Rules require that the complainant have rights in a
    trademark or service mark and that mark be identical or similar to the
    domain name at issue. Those rights can be in a mark that is registered
    or protected under common law. It is up to the complainant to
    demonstrate sufficient usage of the mark, where it is not registered, to
    convince the fact-finder that a common law mark exists.

    After the above hurdle is over-come, it will be necessary to demonstrate
    that the registrant/respondent does not have rights or legitimate
    interests in regards to the domain name. The final criteria that must be
    demonstrated is that the registrant/respondent has registered the domain
    name in bad faith and is also using it in bad faith.

    With respect to the legal grounds of your case, we recommend you consult our Index of
    WIPO UDRP Panel Decisions at http://arbiter.wipo.int/cgi-bin/domains/search/legalindex?lang=eng
    as well as our WIPO Overview of WIPO Panel Views on Selected UDRP Questions
    at http://arbiter.wipo.int/domains/search/overview/index.html

    We also refer you to http://arbiter.wipo.int/domains/gtld/udrp/index.html
    where you can find the Uniform Domain Name Dispute Resolution Policy,
    Rules, and WIPO Supplemental Rules, as well as a Model Complaint and filing guidelines.

    The Administrative Procedure normally should be completed within 45-60 days of the date the WIPO Center receives the Complaint. For a case filed with the WIPO Center involving
    between 1 and 5 domain names that is to be decided by a single Panelist, the fee is USD1500.

    For a case that is to be decided by 3 Panelists, the fee is USD4000.
    Do not hesitate to contact us again, should you require further information concerning the UDRP procedure.
    Please do not hesitate to contact us should you have any further question on the UDRP.

    Sincerely,

    WIPO Arbitration and Mediation Center
     
    Thiassi, Apr 23, 2008 IP
  2. Thiassi

    Thiassi Greenhorn

    Messages:
    18
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    13
    #2
    Here is GoDaddy's responce to the BBB. My account was hacked, so if someone forges a name on your car title they just get the car.
    --------------------------------------

    Dear Dispute Resolution Consultant,

    Concerning the two domain names, 8bp.com and sosu.com, someone initiated a change of ownership for the two domain names from within the account itself. This is effectively the same as signing the title of a vehicle over to a new owner. Unfortunately, submitting an Invalid Whois complaint will not return the domains to the account, but merely suspends the names from being used by the current registrant until they update their information.

    What Mr. Carlson will need to do is dispute the ownership of the name either through the legal court system or through an ICANN (Internet Corporation of Assigned Names and Numbers) approved arbitrating forum such as WIPO (World Intellectual Property Organization), http://wipo.org.

    RESOLUTION:
    As an ICANN accredited registrar, GoDaddy.com is a neutral party in domain disputes. We recommend that Mr. Carlson review our Uniform Domain Name Dispute Resolution Policy located at http://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?pageid=UNIFORM_DOMAIN

    We hope this information is helpful to Mr. Carlson in reacquiring his domain names, but unfortunately, GoDaddy.com is not able to reassign ownership of the domain names.

    Regards,

    Todd Cluff
    Office of the President
    14455 N Hayden Ste 226
    Scottsdale, AZ 85260
    (480) 505-8828 Phone
    (480) 275-3975 Fax
     
    Thiassi, Apr 23, 2008 IP
  3. allfunandgeek

    allfunandgeek Peon

    Messages:
    29
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #3
    That's not fun. Sorry to hear man.

    I know someone who had their domain stolen because their email address got hacked. All the emails sent for the domain transfer got forwarded to the hacker.
     
    allfunandgeek, Apr 23, 2008 IP
  4. season00

    season00 Banned

    Messages:
    261
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    0
    #4
    Sorry also. Thats crazy.. That domains worth 2K..
     
    season00, Apr 23, 2008 IP
  5. VideoKid

    VideoKid Peon

    Messages:
    101
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #5
    Oh, this is really bad. I'm so sorry to hear about it. :( It also gives me something to think about because I use GoDaddy. I might consider using another registrar.
     
    VideoKid, Apr 23, 2008 IP
  6. James Long

    James Long Active Member

    Messages:
    104
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    51
    #6
    ive heard bad things about godaddy. I use namecheap personally. Sorry to hear about this! :(
     
    James Long, Apr 24, 2008 IP
  7. Thiassi

    Thiassi Greenhorn

    Messages:
    18
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    13
    #7
    Thanks for the comments. The hardest part is I went to college at SOSU, so I thought it was great when I got SOSU.com many many years ago.
     
    Thiassi, Apr 24, 2008 IP
  8. Thiassi

    Thiassi Greenhorn

    Messages:
    18
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    13
    #8
    The ip that hacked my account 61.136.63.125
     
    Thiassi, Apr 24, 2008 IP
  9. newzone

    newzone Well-Known Member

    Messages:
    2,865
    Likes Received:
    52
    Best Answers:
    0
    Trophy Points:
    135
    Digital Goods:
    1
    #9
    really bad, the authorities can't find the guy ? to report it , is a serious issue

    61.136.63.125 - country China, city Tianjin

    inetnum: 61.136.63.96 - 61.136.63.127
    netname: TJOnline-CO-TJ
    country: CN
    descr: TJOnline-CO
    admin-c: HZ19-AP
    tech-c: HZ19-AP
    status: ASSIGNED NON-PORTABLE
    changed: 20070419
    mnt-by: MAINT-CNCGROUP-TJ
    source: APNIC

    route: 61.136.0.0/18
    descr: CNC Group CHINA169 Tianjin Province Network
    country: CN
    origin: AS4837
    mnt-by: MAINT-CNCGROUP-RR
    changed: 20060118
    source: APNIC

    person: huang zheng
    nic-hdl: HZ19-AP
    e-mail:
    address: 76 NO, ShiZiLin Street ,HeBei district of Tianjin,China
    phone: +86-22-24459190
    fax-no: +86-22-24454499
    country: CN
    changed: 20050721
    mnt-by: MAINT-CNCGROUP-TJ
    source: APNIC
     
    newzone, Apr 24, 2008 IP