firepol
asked on
how can i deal with a cybersquatter?
During year 2003 I searched for a nice (and short) name to use for my website, which I prefear to keep for myself till the case is solved. I will call it "mydomain". I do no business with it but I use it to publish my works, thought and projects. In the future I may use the same name for my business.
When I registered it (in 2003), the .com was taken by another company, so I registered mydomain.net, a few days ago I registered also .org. During August 2005 the mydomain.com expired. I tried to buy it without success. So a cybersquatter bought it.
The mydomain.com website (I looked at the sourcecode) contains an iframe like this: http://apps5.oingo.com/apps/domainpark/domainpark.cgi?client=JPET7259&s=www.mydomain.com
http://www.oingo.com (acquired by google) provides "services" for domain parked names and it appears that only if a website generates more than 750'000 visitors per month can apply to "AdSense for domains".
--------------------------
The WHOIS information contains the following data:
Domain Name: MYDOMAIN.COM
Registrar: AVIDDOMAINS.COM, INC.
Whois Server: whois.aviddomains.com
Referral URL: http://www.aviddomains.com
Name Server: NS2.TRICKJOHN.COM
Name Server: NS1.TRICKJOHN.COM
Status: REGISTRAR-LOCK
EPP Status: clientUpdateProhibited
EPP Status: clientTransferProhibited
EPP Status: clientDeleteProhibited
Updated Date: 02-Nov-2005
Creation Date: 17-Aug-2005
Expiration Date: 17-Aug-2006
--------------------------
Registration Service Provided By: ActiveIdeas.com
Contact: webadmin@activeideas.com
Visit: ActiveIdeas.com
Domain name: pbworks.com
Administrative Contact:
ActiveIdeas.com
Jason Peterson (webadmin@activeideas.com)
+1.8609104788
Fax: +1.8609104789
11 White Oak Lane
Quaker Hill, CT 06375
US
Technical Contact:
ActiveIdeas.com
Jason Peterson (webadmin@activeideas.com)
+1.8609104788
Fax: +1.8609104789
11 White Oak Lane
Quaker Hill, CT 06375
US
Registrant Contact:
ActiveIdeas.com
Jason Peterson (webadmin@activeideas.com)
+1.8609104788
Fax: +1.8609104789
11 White Oak Lane
Quaker Hill, CT 06375
US
Status: Locked
Name Servers:
ns1.trickjohn.com
ns2.trickjohn.com
Creation date: 17 Aug 2005 14:34:27
Expiration date: 17 Aug 2006 14:34:27
--------------------------
http://www.activeideas.com seems to be a cybersquattibng company. As you can see several pages of that site are "under contruction". It really gives me a bad impression of them. They also have a contact form: http://www.activeideas.com/contact.php
I am graduating right now, I work 50% and I don't have a lot money to throw away inlegal actions etc.
If the "mydomain" trademark is not registered, could I register it and "easily" sue the cybersquatter or use scary tacticts to make him give me the domain at a fair price? (I live in Europe, I doubt I can go to court in USA for this issue).
I searched this forum about trademark and domain issues and read that legal actions can work only for websites doing serious businesses and that names cannot be registered as trademarks, but only graphic works such logos etc. so it's quite useless (and expensive) to register "mydomain" as trademark. Right?
Anyway I'd like to buy the mydomain.com, as actually it's used only for silly advertisements links that the cybersquatter uses to make money. I'd like to put my website there.
What should I do? Should I contact them and offer them a lot of dollars (50, 100, 200, more?)? How much would you offer?
Considering all the points mentioned above, what would you do if you were me?
When I registered it (in 2003), the .com was taken by another company, so I registered mydomain.net, a few days ago I registered also .org. During August 2005 the mydomain.com expired. I tried to buy it without success. So a cybersquatter bought it.
The mydomain.com website (I looked at the sourcecode) contains an iframe like this: http://apps5.oingo.com/apps/domainpark/domainpark.cgi?client=JPET7259&s=www.mydomain.com
http://www.oingo.com (acquired by google) provides "services" for domain parked names and it appears that only if a website generates more than 750'000 visitors per month can apply to "AdSense for domains".
--------------------------
The WHOIS information contains the following data:
Domain Name: MYDOMAIN.COM
Registrar: AVIDDOMAINS.COM, INC.
Whois Server: whois.aviddomains.com
Referral URL: http://www.aviddomains.com
Name Server: NS2.TRICKJOHN.COM
Name Server: NS1.TRICKJOHN.COM
Status: REGISTRAR-LOCK
EPP Status: clientUpdateProhibited
EPP Status: clientTransferProhibited
EPP Status: clientDeleteProhibited
Updated Date: 02-Nov-2005
Creation Date: 17-Aug-2005
Expiration Date: 17-Aug-2006
--------------------------
Registration Service Provided By: ActiveIdeas.com
Contact: webadmin@activeideas.com
Visit: ActiveIdeas.com
Domain name: pbworks.com
Administrative Contact:
ActiveIdeas.com
Jason Peterson (webadmin@activeideas.com)
+1.8609104788
Fax: +1.8609104789
11 White Oak Lane
Quaker Hill, CT 06375
US
Technical Contact:
ActiveIdeas.com
Jason Peterson (webadmin@activeideas.com)
+1.8609104788
Fax: +1.8609104789
11 White Oak Lane
Quaker Hill, CT 06375
US
Registrant Contact:
ActiveIdeas.com
Jason Peterson (webadmin@activeideas.com)
+1.8609104788
Fax: +1.8609104789
11 White Oak Lane
Quaker Hill, CT 06375
US
Status: Locked
Name Servers:
ns1.trickjohn.com
ns2.trickjohn.com
Creation date: 17 Aug 2005 14:34:27
Expiration date: 17 Aug 2006 14:34:27
--------------------------
http://www.activeideas.com seems to be a cybersquattibng company. As you can see several pages of that site are "under contruction". It really gives me a bad impression of them. They also have a contact form: http://www.activeideas.com/contact.php
I am graduating right now, I work 50% and I don't have a lot money to throw away inlegal actions etc.
If the "mydomain" trademark is not registered, could I register it and "easily" sue the cybersquatter or use scary tacticts to make him give me the domain at a fair price? (I live in Europe, I doubt I can go to court in USA for this issue).
I searched this forum about trademark and domain issues and read that legal actions can work only for websites doing serious businesses and that names cannot be registered as trademarks, but only graphic works such logos etc. so it's quite useless (and expensive) to register "mydomain" as trademark. Right?
Anyway I'd like to buy the mydomain.com, as actually it's used only for silly advertisements links that the cybersquatter uses to make money. I'd like to put my website there.
What should I do? Should I contact them and offer them a lot of dollars (50, 100, 200, more?)? How much would you offer?
Considering all the points mentioned above, what would you do if you were me?
SOLUTION
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ASKER CERTIFIED SOLUTION
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ASKER
scrathcyboy: thank you. Can you kindly provide me the link to the recovery process form and more documentation (provide links please) on the process itself?
SOLUTION
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ASKER
The cybersquatter didn't even answer me... I guess i will contact directly ICANN and see what they say.
Thanks scratchyboy, I didn't know they (ICANN) didn't have forms and procedures. I will try as you told me: just contact them and ask them instructions.
Thanks scratchyboy, I didn't know they (ICANN) didn't have forms and procedures. I will try as you told me: just contact them and ask them instructions.
SOLUTION
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ASKER
Well, to be honest it's not a decade. I own my .net domain since year 2003.
Also it doesn't host business but i use to publish my works. I did some guides to web issues and published a few small contributions to some open source projects as well.
I guess that if I try and I won't be convincing nough there won't be a second chance, right?
Also it doesn't host business but i use to publish my works. I did some guides to web issues and published a few small contributions to some open source projects as well.
I guess that if I try and I won't be convincing nough there won't be a second chance, right?
Generally a formal process like that only gets one shot. You might be able to appeal, but better to plan it well the first time.
ASKER
My problem is that I'm using my domain.net for personal purposes (publishing my blog, some open source contributions, some guides...). I don't know if this will be enough. But i'll renew my website in order to give a better opinion (=make it look more professional) at first glance ;) let's see... I really hate cybersquatting. The web is polluted with too many sites like these.
ASKER
I'll consider this experience from the learning point of view, as I don't really need the .com domain at all costs. (In fact when I registered the .net, the .com was used by another company). If the old mydomain.com owner didn't take the domain back it means they didn't care of it, or the price asked by the squatter was too high. If they ask too much I won't buy it.
Let's see. I'll let you know. I the meanwhile if you have other suggestions let me know.
Do you think that if I'll contact the google adsense team they could stop the squatter making $$$ with the google ads?