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My .com domain got stolen. Can I get it back?

Posted on 2014-12-05
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Last Modified: 2014-12-12
Hi
I once got a domain name for my book (novel) ScribbledLines.com
I got an email saying someone was contesting it and wanted to fight for it.
I didn't care, because I thought I wouldn't publish the book. But, now with personal publishing, I might go ahead. My dad encouraged me to.

So, the domain,
scribbledlines.com has been semi- hijacked. There is no Adsense. It is just some guy's blog about his drawings.
Can I contest this, or must I accept it?
If I choose .co as my suffix, will that be a joke?
scribbled_lines.com might also be lame, cause no-one would guess that?
Thanks
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Comment
Question by:beavoid
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24 Comments
 
LVL 13

Expert Comment

by:Andy M
ID: 40482638
If someone else has purchased the domain (or contested it and you didn't respond/allowed it) then you could contest it but you would need to prove that you have more right to use the domain than the other person (which based on the information provided you may struggle unless you are actually legally trading as Scribbled Lines though the fact that you didn't object to the previous "take-over" of the domain may cause issues).

You may need to wait until either the domain is up for renewal or purchase a different domain.
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LVL 13

Expert Comment

by:Edwin Hoffer
ID: 40482640
Hello beavoid,

DId you bought the domain ScribbledLines.com or the domain is expired? then the second person purchased it?

Thanks
Edwin
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Author Comment

by:beavoid
ID: 40482690
I bought it in my Godaddy account
and one day I got an email saying someone was contesting / fighting for it.
I initially didn't care or want to spend money fighting the person. I thought I wouldn't bother with publishing it.
Now, my dad wants me to publish the book, personal publishing, and I'd prefer to have the domain back.
How do I see when it is up for renewal?
Thanks
0
 

Author Comment

by:beavoid
ID: 40482713
Hi
Godaddy has an option where they will fight and try all they can to recover the domain, for $69

Can't see how to find its renewal date.

Thanks
0
 
LVL 13

Expert Comment

by:Edwin Hoffer
ID: 40482718
You can check the domain expiring date on my account panel in Godaddy.

Check the below image for help:

godaddy
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LVL 13

Expert Comment

by:Andy M
ID: 40482728
You can use a whois lookup to check the expiry date (https://who.is/whois/scribbledlines.com). It appears to expire 09th September 2015.
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Author Comment

by:beavoid
ID: 40482740
That dude might have a renew order on it.

If I pay Godaddy $69 to fight for me, sooner,
do you think they might have a shot?
He'll have to "respect their authority."

Thanks
0
 
LVL 13

Assisted Solution

by:Andy M
Andy M earned 100 total points
ID: 40482821
I believe GoDaddy can contest ownership on your behalf but it's usually the actual domain registrar themselves who have the last say in it.

Usually in order to be successful in taking ownership of a domain that's not available you have to prove that that domain is more relevant to yourself than the person that already owns it. In some cases this is fairly easy (i.e. if you legally have a company called ScribbledLines and the website is been used for company purposes then there's a good chance you'll be able to get it back) but if it's just something you registered, allowed it to be re-purchased by another party and just want it back without any legal bearing then they may turn it down.

End of the day it's up to yourself whether you proceed or not - we couldn't say if you'd be successful or not.
0
 

Author Comment

by:beavoid
ID: 40483486
Okay
Thanks
If you look at his website,
it is not corporate.

Since I registered it first, and it is my book's name, do you think I'd have any leverage over him?
Or can he say,  - bad luck, you slept and I got it?
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LVL 57

Expert Comment

by:giltjr
ID: 40483843
When did you originally register it?

How long has he owned it?
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Author Comment

by:beavoid
ID: 40485434
I registered it in about 2012,
His hostile takeover was recent, less than a year.

Thanks
0
 
LVL 57

Assisted Solution

by:giltjr
giltjr earned 400 total points
ID: 40485451
According to whois that domain name was originally registered Sept. 9 2011 and the most recent registration was Sept. 10, 2014.  

Currently 1and1.com  (a.k.a. oneandone, 1 & 1) is the registrant and they have been the registrant since Sept. 2012.  Since you did your registration through GoDaddy, I guess is you originally registered it in 2011 and one year later this other person obtained ownership, so you owned it for 1 year and he has owned it for over 2 years.

Looking at the blog page it shows he also shows he has a copyright on the name scribbledlines.

Since you have not published your book, based on the length of time he has owned it and the fact he has a copyright that name not only might it be tough to get the name back, you might not be able to use that name for the title of your book.
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Author Comment

by:beavoid
ID: 40485490
Wow
This sucks

Anyway, I am also making a game, an RTS.
I don't want its name stolen also.
How do I copyright it, get the trademark and secure the domain name?

Thanks
0
 
LVL 57

Assisted Solution

by:giltjr
giltjr earned 400 total points
ID: 40485544
Verify that the domain name is not taken and buy it now and keep renewing it.

If you are in the US you can go here http://www.copyright.gov/ about copyright and I think trademarks.

You may need to check with a lawyer, but I don't think technically that your domain name was not stolen, by lack of action you gave it up.  If it was technically stolen, then you can get it back, but that would be something a lawyer would need to advise you.

By contesting who owns a domain name, one party is basically saying they have more of a right to that name that the current owner.
0
 

Author Comment

by:beavoid
ID: 40485708
How much do you suspect that dude will want for the name and rights? It doesn't look like a fortune 500 business.
0
 
LVL 57

Accepted Solution

by:
giltjr earned 400 total points
ID: 40485727
Don't know you would have to ask him.  I would expect it would depend on how reasonable he is, how long he has actually had the domain name and how many followers he has for his Blog.

You may want to just do a search for "scribbledlines", there seems to be a few books, websites, companies, and other things with that term in their names.  Including one publishing company.
0
 

Author Comment

by:beavoid
ID: 40485859
Thanks

cant I still call my book that? And forget the domain name?
He is in New Zealand ( co.nz ) what jurisdiction issues bind me to his trademark?
Thanks
0
 
LVL 57

Assisted Solution

by:giltjr
giltjr earned 400 total points
ID: 40485954
Not sure, where are you?  I don't know what the legal issues are with world wide copyrights and/or copyrights.

You may want to read some here www.wipo.int.  They have some information on copyright and trademarks.
0
 

Author Comment

by:beavoid
ID: 40487135
Thanks,
I'm in Wilmington, NC
USA

The wipo page seems to talk as if registrations are globally set?
If there are other entities with that in their name, like what? - How did he get a grip on the term?
Can we verify that he has a binding on the term?
Is that he got my domain name hijacked from me verification?
Something fishy here.
Maybe I can ask him if I can call my book that if I use a different domain name?
Do you think his page is a hobby? I don't see any pricing information?
Thanks
0
 

Author Closing Comment

by:beavoid
ID: 40491871
Thanks
0
 

Author Comment

by:beavoid
ID: 40496818
Sorry for a post close question,
but I don't want to start a new one with a new part
Does 1&1 have a weight on re-registration of the domain, do they do it automatically, or can a new claim practically happen?
Thanks
0
 
LVL 57

Expert Comment

by:giltjr
ID: 40497016
It is up to the "real" person that registers it.  For some of the domain names I manage the registrar has a automatic renewal option.  With this option enabled, whenever the domain name is scheduled to expire the registrar will automatically renew it and charge a credit card.  If I were to disable this option, then once it expires, they may hold it for a little while, but if somebody else wants it then they can get it.
0
 

Author Comment

by:beavoid
ID: 40497574
I have thought of possible other book names.

The .com for the name says

click here to buy, example,  mydomain.com as your website name

And has a "get free price quote" section for me to fill in my name, etc.

How do I lock it down permanently as my own, for good? or check that the term is even available for legal grabs? - so that no-one can steal it from me?

Are artists, say, song titles, usually copyrighted solid, so that I can't name a book, say, "Wish you were here"            (Pink Floyd song)

That sounds like a trademark issue on the wipo.com site.

? Thanks
0
 

Author Comment

by:beavoid
ID: 40497598
Is this page how to copyright something?

Check if it is taken?

here

I found an unused one that suits me. I have to pay $159 to lock it down and block out the domain just for me?
globally?

Thanks
0

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