Help Me Sue Dreamhost.com

Discussion in 'Legal Issues' started by icannhosting, Aug 2, 2008.

  1. #1
    Hello lets me tell you what just happened with me.

    I purchased a hosting package with Dreamhost and they mailed me saying that the hosting is on. So the Domain name that i had choosen at that time should be on my Dreamhost Account as it is a free domain when you take their $119 hosting package so now when after 2-3 days i check that the domain has been sold to some other account of Godaddy this is my mail conversation Read it let me know what should i do. ...............




    Hello

    What kind of service is that you take money from me to gime me hosting and domain name and now you are telling some one else has purchased that domain and i should go and fins who is the owner and talk to some godaddy regarding this. I have made a big project and was about to open a hosting company on that domain basis and now i have to run around and look over the domain name . I think this is not a good customer Support and i want that domain in my account i don't know how u do it but its your job so get me that domain or else i'll be filing a case against you.

    I think you don't want to go that way so hope to have a positive and helpful hand from your side.


    Thanking you

    Enbee market Associates (I) Pvt Ltd

    --- On Fri, 1/8/08, DreamHost Customer Support Team <support@dreamhost.com> wrote:

    From: DreamHost Customer Support Team <support@dreamhost.com>
    Subject: Re: [digsha 19612537] Domain Sold To Someone Else
    To: admin@enbeemm.com
    Date: Friday, 1 August, 2008, 1:22 AM

    ------------------------------------------------------------------------
    - After reading this response, please consider visiting
    - the URL below to comment on its quality. Thanks!
    -
    - http://www.dreamhost.com/survey.cgi?n=19612537&m=9636781
    ------------------------------------------------------------------------

    Hello,

    On Thu, 31 Jul 2008, you wrote:

    > Hello
    >
    > This is my id = admin@enbeemm.com and i have taken a hosting from you and
    > you said that you will be giving me a domain name with that and i choose
    > icannhosting.com domain but it is showing in my account that it
    is with me
    > but i cannot use it and when i checked the whois of that domain it is
    showing
    > that some RBIMONEY has that domain name. May i know what is this i want
    that
    > domain on my servers as i have paid you for that and i have a lot of
    planning
    > and business and it was my intellectual Property so plz do take proper
    action
    > and return my domain to me back as it looks you have sold that domain to
    some
    > other person or company.
    > Hope to get a positive response
    >

    Hello,

    I do apologize for the inconvenience you've experienced.

    Unfortunately we are not the registrar of the domain so we have no
    control over it as you can see here:

    Registrant:
    RBIMoney
    flat no - 2445 , Bldg no-57 ,
    Sector - 7 , CGS COlony , Antophill
    Mumbai, Maharashtra 400037
    India

    Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)

    Domain Name: ICANNHOSTING.COM
    Created on: 22-Jul-08
    Expires on: 22-Jul-09
    Last Updated on: 22-Jul-08

    Administrative Contact:
    sharma, digant webmaster@rbimoney.com
    RBIMoney
    flat no - 2445 , Bldg no-57 ,
    Sector - 7 , CGS COlony , Antophill
    Mumbai, Maharashtra 400037
    India
    09920808363 Fax --

    Technical Contact:
    sharma, digant webmaster@rbimoney.com
    RBIMoney
    flat no - 2445 , Bldg no-57 ,
    Sector - 7 , CGS COlony , Antophill
    Mumbai, Maharashtra 400037
    India
    09920808363 Fax --

    Domain servers in listed order:
    NS1.BLUEHOST.COM
    NS2.BLUEHOST.COM


    I would suggest contacting GoDaddy to see if they can help you recover
    your domain name.

    Again, I apologize for the inconvenience.



    Thanks!
    Brett G

    --
    DreamHost
    Support Team + support@dreamhost.com
    Earn over $97 for each referral: http://www.dreamhost.com/rewards.html
    To continue this support case, just reply to this email.
    Open a new case at: https://panel.dreamhost.com/?tab=support
     
    icannhosting, Aug 2, 2008 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Sorry to disappoint, but registering a domain name doesn't grant intellectual
    property rights to anyone. I've seen and heard some people say that, and I've
    no idea where they get such an unfounded belief.

    Anyway, if the domain name in question is indeed icannhostingdotcom, then it
    seems Go Daddy managed to grab it before Dreamhost did. That's one reality,
    and it's something little to no one can really fix no matter what.

    Since it ws supposed to be included free, then you only spent for the hosting.
    If you read Dreamhost's legal agreement, I'm sure it says they don't guarantee
    you'll get the domain name.

    Bottom line: see if you can get a refund for cancelling your hosting, or keep it
    and move long. But no, you have enforceable claims to sue.
     
    Dave Zan, Aug 2, 2008 IP
  3. icannhosting

    icannhosting Peon

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    #3
    You mean to say it is not an intellectual property whatever we thing and do for the first time becomes our intellectual property i just wanted to know that when Dreamhost said me that they have created my account then they have put that domain as they need minimum domain to setup an account and when i logged into my account i saw icannhosting folder but when i tried using it it showed that it is in Godaddy to someone else . This is what i am saying if they said they have sold me how can they again sell it to someone else. ??? and if they do they do i have the right to sue them as they sold my domain to someone else after selling it to me and without my prior permission
     
    icannhosting, Aug 2, 2008 IP
  4. eddy2099

    eddy2099 Peon

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    #4
    Sorry to disappoint you, it is definitely not Dreamhost.com's fault that you did not get your selected free domain name. Something free does not make it a sale and thus they did not sell you the domain name as you paid nothing for it. It is merely a gift.

    If you see the Whois you provided, it shows :-

    It shows that the domain name was registered on 22 July 2008 and there has not been any changes from that date since. It basically means that it was registered by RBIMoney at GoDaddy for their website hosted by Bluehost.com and the domain name was never transferred or sold. It just basically means that you were too slow when you register it.

    By right, you should avoid all 'free domain' deal and register them on your own accord, that way you will have full control over it. You also do not need to register the domain name on the same day you get your web hosting, you can always register it way ahead of time.

    If you are the trademark holder of 'icannhosting' then perhaps you have some legal stand here but it seems like you do not. Actually, it might be a blessing in disguise that you did not get the name 'icannhosting.com' because if I am not wrong, it may be the trademark of the 'Internet Corporation For Assigned Names and Numbers' and the holder may face legal suit for the misused of the trademark.

    Well, in most cases, the higher authority in this case, would be to approach ICANN about it but since you plan to use their trademark, it would put you in an extremely difficult position.
     
    eddy2099, Aug 2, 2008 IP
  5. wisdomtool

    wisdomtool Moderator Staff

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    #5
    I think you have a wrong concept of Intellectual Property, if you think that you have a case, approach your nearby IP lawyer and file a legal suit against Dreamhost.

    No one can help you sue except yourself. This not being criminal in nature but civil meaning that the state will also not get involve. It is your decision, and your decision alone to sue Dreamhost and good luck.

     
    wisdomtool, Aug 2, 2008 IP
  6. browntwn

    browntwn Illustrious Member

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    #6
    One last thing to add in addition to the good advice people have already given you.

    There is no way you will sue, or get any attorney to sue over a domain name worth $10 at most. So even if you had a claim, which you don't, it would be a waste of time and money to pursue. Your total damages, at best, soaking wet is around $10.

    Move on and don't mix your hosting plan and domain registration in the future. I think that is the moral of this story.
     
    browntwn, Aug 2, 2008 IP
  7. tobycoke

    tobycoke Well-Known Member

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    #7
    I see that both you and the registrant are in Mumbai. Did you talk to someone about your plans before trying to register the domain?
     
    tobycoke, Aug 2, 2008 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #8
    Off-topic, I'm rather surprised Go Daddy managed to register that. The last I
    checked, ICANN had the Registries reserve domain names bearing their name.

    I guess this one slipped through the cracks.
     
    Dave Zan, Aug 2, 2008 IP
  9. Fka200

    Fka200 Guest

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    #9
    I don't see how Dreamhost did anything wrong. YOU should have registered the domain ASAP!!
     
    Fka200, Aug 2, 2008 IP
  10. Silver89

    Silver89 Notable Member

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    #10
    I think your case is a complete joke, furthermore you should spell check any such email documents before sending them, imagine turning up to a court case with miss spelt emails ... wouldn't look very professional compared to the large web based corporation. It's quite embarrasing that you can spell "intellectual" yet in the same sentance you type "plz", there's a time and a place for text language ... this is not it.
     
    Silver89, Aug 2, 2008 IP
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  11. icannhosting

    icannhosting Peon

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    #11
    Yes some of my friend new it that i was about to buy this domain so what should i do to know who is he ?
     
    icannhosting, Aug 3, 2008 IP
  12. Web1Host

    Web1Host Peon

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    #12


    You've listed the contact information in your first post:
    But the entire thing is a can of worms. Even if you can get around the "he said, she said" mess and prove they got the idea from you, that's a long way from making a lawsuit worth any more than a few dollars. :cool:
     
    Web1Host, Aug 3, 2008 IP
  13. tobycoke

    tobycoke Well-Known Member

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    #13
    You are better off without the name. It likely violates ICANN'S trademark and will only cause you problems down the road. Think of a better domain name and leave your 'friend' stuck with the old one.
     
    tobycoke, Aug 3, 2008 IP
  14. boddog

    boddog Peon

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    #14
    I'm So sorry to hear another DreamHost disappointed user

    I have heard many ppl talk about dreamhost

    yea dreamhost will be history soon

    WOW that letter from dreamhost is a bullshit

    they didn't even want to help you
    they just saying I'm sorry, and go get the domain yourself
    WTF

    I think you should go to google and search for some ppl just like you having problem with DreamHost
    and gather together to sue Dreamhost all at once
    that should work much better
     
    boddog, Aug 3, 2008 IP
  15. resolva

    resolva Peon

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    #15
    Id suggest you learn how to write proper english before filling a "law suite"

    You are not going to get anywhere with this, I would suggest just picking another domain and getting on with it. You have no rights to that domain, trademark etc anyway, so you do not legally own it.
     
    resolva, Aug 3, 2008 IP
  16. Fka200

    Fka200 Guest

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    #16
    Dreamhost is a hosting provider, not a domain broker.
     
    Fka200, Aug 3, 2008 IP
  17. snowbird

    snowbird Notable Member

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    #17
    If you feel you have rights to that domain name, then visit this page to learn more about your rights. But ICANN would probably throw it out in a heartbeat because of your use of ICANN in the domain name.

    The lesson learned here is that if you want a domain name, secure it first before trying to save a few bucks registering it with a host. It's not worth the aggravation. Besides that, some hosts may give you a hard time transferring the domain if you want to switch hosts in the future.
     
    snowbird, Aug 3, 2008 IP
  18. tobycoke

    tobycoke Well-Known Member

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    #18
    From what I can tell, from the timelines given above, the OP told people about his domain name idea, and used it as his Digital Point user name, before he asked Dreamhost to secure it. Somebody else grabbed it first. The OP is better off getting new name that does not violate trademarks.
     
    tobycoke, Aug 3, 2008 IP
  19. EGS

    EGS Notable Member

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  20. DeenaEsq

    DeenaEsq Peon

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    #20
    I basically agree with the other posters, but I wanted to add this. You really should be careful who you threaten to sue with no actual intention of doing so. In some places, that can get you into a whole host of trouble...
     
    DeenaEsq, Aug 3, 2008 IP
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