Beware: eNom and NameCheap Suspend domains based on bogus claims by a fake company

[DomainMagnate]

problem resolved, thanks everyone for your comments.

 

[RicoShay]

@defaultuser

I do understand what you're saying, I don't disagree with most of it - but as I'm sure you've realised, we're pushing two separate points. One of fairness and procedure vs other of details and use of the site.

In regards to hosting, yes, again I understand your point - but the host was US based and I don't think they were even contacted in this case. But I guess the actual domain name had some part to play - which didn't help.

A few years ago I had a similar name Buy+Pharma Product which I dropped at renewal time - but I could just as easily have tried to develop it into something similar, with affiliate links. Like I said before, its not a field that I have any knowledge with and that was part of the reason I decided not to develop. However, if I had done - I would most likely have used something like 4RX.com - without knowing that they operate in the way they do (ie. appearing illegally).

This, I guess goes into a separate issue - but shouldn't the source of the problem (ie 4RX in this case) be sorted out first? How is it that they are allowed to exist and operate and the affiliates are the ones who get punished? Is it because of the registrar they use? Or the hosting? How do they get away with it? Maybe people using the same registrar as 4RX may be able to avoid such things as whats happened here (rightly or wrongly)?

Again - the point is, this isn't a straight forward case. It opens up many more questions and once again highlights how little power we have as domain investors. From ICANN to white house officials, to local and national authorities as well as big companies and organisations - they all seem to be able to pick & choose what they want and take it away without applying rules as they would in general to/for other businesses in general. No warnings, no notices, no fair play really.

 

[Erdy]

These are some of the domains the pharma industry wants to be suspended:

www.drugshome.name Directi
www.pain-relief.name Directi
www.drugstores.name GoDaddy
www.steroids.name GoDaddy
www.generic-pills.name Key-Systems
www.infection.name Key-Systems

source:www.legitscript.com/blog/124

I don't have anything against them shutting down the websites. This is an issue to be dealt with by the hosting company. However suspending a domain because of it's content is overreach. And giving the decision making power to an industry organisations that represent the bigger companies is wrong.

Let's say you have a domain like cheaphandbags.com and it has a mini site with ebay links. How would you feel if they suspend your domain arguing that you are selling or supporting the sale of fake handbags? Some generic domains could be suspended along with the usual buy-louis-vuitton.com type rubbish domains.

This is going to spread to other industries. I'm sure Godaddy is looking forward to cutting a deal with various industry representers.

 

[solokkhz]

I guess we all need to start selling... What should we sell then if everything is going to be regulated?

I guess ebay will regulate auctions, amazon will be the only one who is allowed to sell books. ho shit, Sedo will be the only company to auction domains...

Get real, all these rules and TOS only keep the rich man richer, The American government, for ages regulate their money flow by making outrages laws to shut off every one that is not a "Under the table" tax payer (off shore pharmacies etc...).

 

[enetwork]

Just to update you all on this thread: We actually convinced/demanded that enom to allow 10 days before a pharma domain reported on LegitScript be suspended. This policy is 100% due to us and our disatisfaction with it. Especially the part with domains being suspended without warning. So basically a domain will still resolve for 10 days after a warning and will remain unlocked so that it may be transferred away elsewhere.

This policy started atleast a few weeks ago. To those that always try to make us out as the bad guys here that's definitely not the case. We are always trying to defend domain owners rights whenever we can. I think this new policy does just that in this case.

 

[futuretaster]

LegitScript.com adamantly denies that it is a “front for big PhRMA” and claims that it is funded by its employees. But unlike pharmacy verification groups like VIPPS and PharmacyChecker.com, it does not charge pharmacies a fee for its verification service. So where does its revenue come from

LegitScript.com Founder, John Horton worked in the Bush White House

- says it all really,.

LegitScript – Not So Legit?

 

[DomainMagnate]

the worst thing is eNom are giving legitscript a free hand to basically have any sites they dont like taken down:
eNom and LegitScript LLC Announce Agreement to Identify Customers Operating Illegal Online Pharmacies | Business Wire

 

[DU]

So you're mad because you own a domain that uses a drug Trademark to push traffic to a generic and someone didn't like this?

There is currently no generic Chantix available in the United States. The patent for the drug expires in November 2018.

I'm not sure why you expect sympathy or have a totally misread this? 4rx.com skirts the laws by shipping from different countries (India) bypassing the FDA... maybe you don't like big pharma but the system is what it is.

Talk to you congressman if you don't like it.

 

[DubDubDubDot]

It sounds like you don't realize this, but you are partnering criminally with an illegal RX site that sells fake meds. 4rx doesn't even require a doctor's prescription. Not that they need to anyway since the drugs are not real. Any re-orders you got would have been due to a placebo effect.

 

[DomainMagnate]

So you're mad because you own a domain that uses a drug Trademark to push traffic to a generic and someone didn't like this?

It sounds like you don't realize this, but you are partnering criminally with an illegal RX site that sells fake meds. 4rx doesn't even require a doctor's prescription. Not that they need to anyway since the drugs are not real. Any re-orders you got would have been due to a placebo effect.

Generic doesn't mean fake, it's the same stuff just cheaper. They are clearly state that it's generic and don't infringe on the trademark as it's not sold by the same name. If it was fake or placebo no one would buy it.

It's not about the trademark either here, since Pfizer never contacted me or anyone else with similar domains with any claims. It says both in the site and on the 4rx pharmacy pages that these are all generic versions of chantix. I'm not based in the US myself, most countries don't have any laws prohibiting generic medications.

The point here is in how easily enom takes away your domains merely because of an affiliate link and a claim by legitscript. What if you have a domain like genericdrugs.com and they decided to suspend it just because you linked to a generic pharmacy?

 

[DnEbook]

ok lets say you are actually in the wrong, it would have been professional of enom to give you prior notice on this situation and offer you the chance to confirm or deny the situation and then go from there.

 

[barefoottech]

"Chantix is an FDA approved medication"

Yes, but the fake and "So-called" generics are not approved.
BTW Generics can't legally be made or SOLD in USA while the patent is active.

You want to re-check enom, namecheap Terms and conditions of usage.

While you are doing that also check Fabulous.com T&C. Being based in Australia, their T&C are even TOUGHER on Online sites selling pharmacy medicines as it is illegal here.

 

[RicoShay]

I don't know the full story from both sides and I'm not very clued up on the pharmacy rules/regulations so I'm finding it a little hard to understand the reasons behind what happened here. I would have expected the complaint to be made to the hosting company rather than to the registrar. Shouldn't they have just suspended the hosting account rather than the registrar taking actions on the domain name?

Regardless of what the domain is, ie. whether its a TM issue or not - that doesn't appear to have been the reason. It seems NC suspended the domain based on the content of the site. But as Michael claims, it was just an affiliate link. If that was the case, then would it not have been more reasonable for NameCheap to contact Michael to ask him to remove it?

And if it is an illegal affiliate - then shouldn't they be shut down?

An email would have been curteous. Even just to say "right we've suspended the domain for xyz reason". A customer deserves at least that, no?

Besides this - if this was suspended based purely on a tip-off / request from LegitScript without any checks/verifications or even warnings then it does seem a little unfair to me. As I said before, I would have thought the issue should've been reported/dealt with through the hosting company rather than domain registrar.

I have a lot of names at NameCheap and I actively promote NC to friends, family and clients... so I'd like the reassurance that there was a good reason behind this. I certainly hope its not going to be a matter of someone making a report and NC suspending other names as well... that would be chaos.

It would be nice to hear from the NC rep here - I did PM him, so lets see if there is anything that would help us understand this better. Perhaps so we can avoid similar situations happening to someone else in future.

 

[Erdy]

This is a threat to domain owner's property rights. Many of you are missing the big picture. Registrars shouldn't suspend domains based on content. The registrar doesn't provide the domain. They provide an empty slot to put your domain. Just because a domain happens to be at a certain registrar at a certain time, doesn't mean the registrar can do whatever they want with it.

I didn't register any domains on enom's website however I have many domains with namecheap and they are an enom reseller. I will contact namecheap and see if they can change my domains from enom to namecheap. Otherwise I'm done namecheap.

Enom can go f. themselves.

 

[Ms Domainer]

*

Unless you have permission to use the Chantix TM, then you are cybersquatting. It's just that simple. It doesn't matter if the makers of Chantix have come knocking at your door or not.

It looks as though Namecheap took the right action, albeit for the wrong reason.

*

 

[DU]

This is a threat to domain owner's property rights..

Yes, you are right; however, you don't own property, you own a lease agreement and your use needs to be lawful. (Linking is a grey area - but profiting from illegal sales to the US? Probably not)

Interesting law enforcement link:Controlled Prescription Drugs - National Drug Threat Assessment 2009 (UNCLASSIFIED)

Interesting link: eNom and LegitScript LLC Announce Agreement to Identify Customers Operating Illegal Online Pharmacies | Business Wire

MORE Interesting link:
Official Google Blog: Taking rogue pharmacies to court

Truth is, the OP might consider himself lucky that all that is happening is he is losing a domain.

I'm not for shutting down domains, per se, but this is causing the current shift towards the "new" internet.

It's coming.. brace yourselves, the WHOLE game is changing.

 

[MicroGuy]

You deserved a little advanced notice of the problem. Sounds like a total communication blunder of the highest degree from the registrars. IMO.

 

[DU]

You deserved a little advanced notice of the problem. Sounds like a total communication blunder of the highest degree from the registrars. IMO.

How about this:

Ring Ring...
OP: Yes...
Voice on Phone: Are you the owner of "domainname"?
OP: Yes... who is this?
Voice on Phone: This is the DEA. We're shutting you down. Good day.

N.B. I may have the organizations involved wrong.

 

[Domagon]

Another NameCheap suspension. Say it ain't so :O

However, to be fair, in this particular instance, it's not clear whether NameCheap initiated this action alone, if even at all, or if eNom did so on its own accord.

Currently, one of the domain's statuses at the registry is "clientHold" - that's not a status a reseller account, such as NameCheap, would normally be able to change; even if they did, not authorized to use except in very specific situations.

From my understanding (someone correct me if I'm mistaken), a domain in "clientHold" can not be transferred out - it could be in perpetual limbo for quite some time.

If all else fails, legal action against eNom may be the only way to get the hold taken off - good luck, this could be a drawn out fight ...

However, not all hope is lost, because, ironically, NameCheap may be your best hope for help dealing with eNom, since NameCheap's reputation has been taking a big hit lately for suspending domains - see what NameCheap can do...

On a related topic, censorship for all sorts of various reasons by domain registrars may become very common if the U.S. White House administration gets its way ...

Even Without COICA, White House Asking Registrars To Voluntarily Censor 'Infringing' Sites

Even Without COICA, White House Asking Registrars To Voluntarily Censor 'Infringing' Sites | Techdirt

Ron

 

[Erdy]

All my domains at Namecheap show up as Enom domains. I contacted them and asked if they are able to switch to namecheap. Otherwise I'm gone. This is so messed up.

 

[DU]

I'd be interested to read what peoples positions would be on:

Profiting from Posting Terrorist Organization Material (Be it IRA, ETA, etc.)
Profiting from the sale of Crack Cocaine
Profiting from a video of you doing something you shouldn't (Someone else profiting)
Profiting from leaked Government information
Profiting from instructions on bomb making
Profiting from showing live murders
Profiting from a site that was designed solely to rip you off
Profiting from a site etc. etc.
Profiting from links to a NAMBLA site
Someone selling videos of your parents engaged in a scat/felch orgy in Germany from a site in China

I always see everyone jump on a moral high-ground but it seems to be their own personal island.

The agreement signed by Enom is listed in my earlier post. This will be what you need to fight against. Also - check all the T&C's in your domain registration agreement (a lot of them say we can take the domain away at our discretion - Dynadot, Name, Godaddy all do last time I checked)

 

[JohnyUSA]

namecheap or enom are lucky which didnt get their a** sue by this domain owner since he doesnt have $$$. As this point they can shutdown the hosting but cant suspended the domain. it's so simple .

 

[Domagon]

namecheap or enom are lucky which didnt get their a** sue by this domain owner since he doesnt have $$$. As this point they can shutdown the hosting but cant suspended the domain. it's so simple .

The domain itself is suspended and, furthermore, is currently in "clientHold" - it's been dropped from the .COM tld zone file.

Ron

 

[DU]

namecheap or enom are lucky which didnt get their a** sue by this domain owner since he doesnt have $$$. As this point they can shutdown the hosting but cant suspended the domain. it's so simple .

For what? Sue to have my "illegal" site put up when I agreed to:

SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:

.. we and your Primary Service Provider may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct, (v) failure....

You'll find the same in just about every T&C no one reads.

---------- Post added at 12:35 AM ---------- Previous post was at 12:32 AM ----------

All my domains at Namecheap show up as Enom domains. I contacted them and asked if they are able to switch to namecheap. Otherwise I'm gone. This is so messed up.

What's better about the T&C's there? Namecheap are even stricter I think.

 

[slumdog]

wow! name suspended without notice by registrar, hmm, isn't ICANN the ultimate authority? appeal ?( however considering the infringing nature of the name , it might be useless as well, )
suspended hosting ,, acceptable,
no recourse for owner, just take it as a bad deal, happy for the revenues already made and ,lesson learnt, on TM's and volatile nauture of profiting from pharma !

Enom bad , for no communication!