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Ugly Domain Theifs :/

Discussion in 'Domain Names' started by SaN-DeeP, Oct 14, 2005.

  1. uca

    uca Well-Known Member

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    #21
    I would rather change the name of the hotel and register a new domain or look for another available extension rather than financing the greed of such vultures.
    SEMrush
    Nevertheless it's rightly legal, and the price to pay is the consequence of overlooking the renewal date and the domain itself. If they are not very webfriendly, well, they should be now.

    I am sorry but the only alternative is doing nothing.

    Good luck to your friends!

    PS: what sort of price was asked if you can share the info and give us a better picture?
     
    uca, Oct 15, 2005 IP
    SEMrush
  2. Caveman

    Caveman Peon

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    #22
    That example would only work if the hotel had a TM on the keywords used in the domain. If I find an unregistered or expired domain that has no TM associated with it, am I not allowed to market it to the best prospective buyers? That would mean people/companies that are in that line of business or have a business name that fits the domain name. Without the TM, it will most likely be a wast of $1k on a UDRP case.
     
    Caveman, Oct 15, 2005 IP
  3. mcfox

    mcfox Wind Maker

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    #23
    I'm not knocking making cash by picking up expired domains. Nothing wrong with it, imho. The original post was what to do about the situation with the hotel.

    In that case, I believe the hotel to have a case with which to approach the appropriate ruling body for the domain name and file a claim for the name to be returned. It does not have to be a trademark-related domain to succeed. The hotel were already using the domain but for whatever reason didn't renew it. This may not have been their fault but that of a third party with which they entrusted the task. In situations such as these, the hotel has a case for having the domain transferred back to them, particularly as the new owner has already tried to sell it back to them, thereby indicating, at least in law, that they registered the domain in 'bad faith'.

    It's my opinion that the hotel have a good case for reclaiming the domain.
     
    mcfox, Oct 15, 2005 IP
  4. fryman

    fryman Kiss my rep

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    #24
    They don't. They let the domain expire, and now it has a new owner, there is no case at all.
     
    fryman, Oct 15, 2005 IP
  5. mcfox

    mcfox Wind Maker

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    #25
    It probably can be but it really depends on the ruling body for the domain and past precedent.

    They still have a possible case. Just because a domain expires and gets registered by someone else after the grace period does not mean the domain is lost. This case has many similiarities to the situation at hand:
    http://arbiter.wipo.int/domains/decisions/html/2002/d2002-1180.html

    Not saying it would be easy, or even worth it. It really depends just how valuable the domain is to the hotel and their business.
     
    mcfox, Oct 16, 2005 IP
  6. SaN-DeeP

    SaN-DeeP Well-Known Member

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    #26
    FYI - Domain has been retrived back @ same cost of renewing the domain every year.

    Request to close the topic.
    Thanks for help and expertise :)

    Regards,
     
    SaN-DeeP, Oct 17, 2005 IP
  7. fryman

    fryman Kiss my rep

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    #27
    Cool, glad to see they were able to fix things up ;)
     
    fryman, Oct 17, 2005 IP
  8. sachin410

    sachin410 Illustrious Member

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    #28
    And how did they do it?
     
    sachin410, Oct 17, 2005 IP
  9. sridhar kondoji

    sridhar kondoji Banned

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    #29
    Not sure, if this is answered already.
    If hotel name is trademarked, then domain name can be transfered easily.

    "The new domain owner has approached the hotel owneres". If you can produce a proof of it, then your case becomes stronger.
    Also, if the new domain owner does not do anything with the domain, except soliciting a monetary offer from somebody (in this case hotel owners), the case becomes much more stronger for hotel owners.

    Please read the case about ipod domain name in UK.
    This is something similar.
     
    sridhar kondoji, Oct 17, 2005 IP
  10. uca

    uca Well-Known Member

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    #30
    Yes, how did they get it back at the same cost?
     
    uca, Oct 18, 2005 IP