In theory...

Discussion in 'UK Motorcycles' started by Fio, Oct 16, 2003.

  1. Fio

    Fio Guest

    This has got me thinking, I might have completely the wrong end of the
    stick but here goes.

    Say I know of a company lets call them Company X.

    Company X are a largish ISP.

    Company X have a domain and that domain is also their portal.

    Company X have forgotten to renew their domain name registration and
    it expired some time ago.

    Here's the crafty bit.

    Is there anything to stop someone "maybe an individual" buying the
    domain in the meantime and simply putting up a page saying,

    "This domain is now owned by <enter name here>, if you would like to
    purchase it will be this much £££££"

    Is there a law against this sort of thing, would it work?

    BTW: Company X really couldn't manage without the domain.
     
    Fio, Oct 16, 2003
    #1
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  2. Fio

    Timo Geusch Guest

    Fio was seen penning the following ode to ... whatever:
    I don't think so, and no. Domain arbitration rules are heavily
    weighted in favour of companies so they'll just grab it from you as
    you're a 'cybersquatter' in their book and leave you with a largish
    legal bill. If they're clever, as given this posting and the page
    you mention above should make it very easy to prove that you're
    registering the domain in "bad faith", and that's all the excuse they
    need to get it taken away from you. Don't think they even have to
    reimburse you for the registration cost.

    OTOH I seem to remember that MS forgot to renew one of their domains,
    one bloke registered it and then emailed them saying "you forgot to
    renew your domain, I registered it so it dowsn't get grabbed by a
    squatter, please advise how you would like to go about the
    transfer". I don't think he got a lot of dosh out of it, maybe a free
    copy of Windows :) and his name in a press release from MS.
     
    Timo Geusch, Oct 16, 2003
    #2
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  3. Fio

    pete boyall Guest

    <snip>

    In theory, no, in practice you have no right to that name while they
    do (being a company called "X" means they can have www.X.com ...

    So all you will end up with is a big legal bill if you try and defend
    it. Would google for the case history, but need to get to work ...
     
    pete boyall, Oct 16, 2003
    #3
  4. Fio

    Cab Guest

    Heh, I remember that. It was for passport.com.
     
    Cab, Oct 16, 2003
    #4
  5. Fio

    darsy Guest

    Yes. It's called the the ICANN domain arbitration system, and they'll
    kick your butt.
     
    darsy, Oct 16, 2003
    #5

  6. Further to that, if it's a .co.uk then you wouldn't be able to register
    it anyway - it takes nominet *years* to put expired .co.uk domains back
    into the melting pot available to purchase.

    If however it is available and you have legitimate use for it, then go
    ahead and register it and start using it immediately. If company X want
    it back, they'll either sue your arse as Darcy says above, or pay you
    off. It's a gamble alright.
     
    Doesnotcompute, Oct 16, 2003
    #6
  7. Fio

    Nigel Eaton Guest

    Using the patented Mavis Bacon "Hunt&Peck" Technique, Fio
    My company got into a similar situation a while back. The outfit that
    the blerk tried to use to register "our" domain simply contacted us and
    said "You've forgotten to do this, someone's trying to nick it, do you
    want it back?".
     
    Nigel Eaton, Oct 16, 2003
    #7
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