warning Domain name(s) registered to you are restricted by ICANN and were mistakenly made available

[loano1]

Today I received the following email from Alpnames:

We have been notified by the operator of the .LOAN registry that certain domain name(s) registered to you are restricted by ICANN and that they were mistakenly made available for registration by the registry. As these domain names are restricted for regulatory reasons, the registry regrettably requires that we delete these registrations in the next 24 to 48 hours.

The name they talk about is a great .loan domain that has been registered by me half a year ago. Seriously? Has someone ever experienced the same? Are they stealing my domain? What can I do?

 

[Recons.Com]

@AlpNames

What if @loano1 had started a projected on the URL, spent $100K on promoting the URL on billboards, print etc.?

I agree that the compensation should not be symbolic.

 

[AlpNames]

@AlpNames

What if @loano1 had started a projected on the URL, spent $100K on promoting the URL on billboards, print etc.?

I agree that the compensation should not be symbolic.

As originally stated, this is nothing to do with AlpNames. Please recognise this.

We have received a contractual compliance request from the registry and we have complied. We have put the former registrant in touch with the registry so that he may continue the conversation directly, should he wish to do so.

 

[Mister Funsky]

this is nothing to do with AlpNames

Original poster states that it had a premium pricing structure when he/she registered it.

Is this true? Did alpnames or icann determine it was worthy of a premium charge?

 

[Kate]

We know that gTLD 'misallocations' have occurred in the early days, but it is surprising to see that clawbacks are still taking place 3 years later. It doesn't instill confidence in new extensions at all.

 

[namezest]

Although it looks like a scam, some unscrupulous new registries are making up "Oh that's a registry error" Because they want to milk end users by making the domain premium. If any new registry has done this AVOID them!
If they are not transparent they are not honest, they had sunrise, and preregistration periods before general availability plus the months and months before hand when applying for and being assigned the domain extension to begin with. Just search the boards you'll see who the culprits are.

 

[Recons.Com]

As originally stated, this is nothing to do with AlpNames. Please recognise this.

We have received a contractual compliance request from the registry and we have complied. We have put the former registrant in touch with the registry so that he may continue the conversation directly, should he wish to do so.

But it has everything to do with you! You are a registrar, you should not be spineless reseller of names for registry. The buyer knows you and you should be tough on registry for this if it was their error and tough on yourselves if it was yours!

 

[platey]

I am afraid that that is not the case at all. The domain was sold as a premium but, actually, should not have been available for sale at all.

As the story developed I see you are right

 

[AlpNames]

Is this true? Did alpnames or icann determine it was worthy of a premium charge?

Pricing is dictated by the registry. Sales are automated.

But it has everything to do with you! You are a registrar, you should not be spineless reseller of names for registry. The buyer knows you and you should be tough on registry for this if it was their error and tough on yourselves if it was yours!

The registry is contractually mandated to take the action that it has taken and we are contractually obliged to comply. Ultimately, this action has been taken by the registry as a matter of ICANN regulatory compliance. We definitely sympathise with our customer and we are doing what we can to assist him but, ultimately, this situation is not of AlpNames's making.

 

[Recons.Com]

Pricing is dictated by the registry. Sales are automated.



The registry is contractually mandated to take the action that it has taken and we are contractually obliged to comply. Ultimately, this action has been taken by the registry as a matter of ICANN regulatory compliance. We definitely sympathise with our customer and we are doing what we can to assist him but, ultimately, this situation is not of AlpNames's making.

Man, you guys are irresponsible, imho. If he takes you to court, you will lose and pay his court costs, financial loss for the value of the name and some punitive damages would be awarded as well.

 

[platey]

As more info comes to light it does seem to be a genuine error and allegedly. Loan want the registrant compensated and allegedly the registrant is now able to communicate directly with. Loan etc

I'd have thought. Loan will more than compensate registrant for the loss of a good domain

It looks like state called the cards or it was made aware to. Loan who would have had inform AlpNames who then informed registrant

So efficiently all lost out but. Loan allegedly have offered to compensate registrant which is pretty much all that can be done

 

[AlpNames]

We have been extremely transparent in trying to explain how this situation arose and the action we have taken to try to assist our customer.

It is denied, in the strongest possible terms, that we are, in any way, "irresponsible" and we would kindly ask all NP members to be respectful and not cast unfounded aspersions and allegations.

The registry notified us that our customer's domain name would be deleted. We could have taken no action whatsoever and allowed the registry to do whatever it felt it needed to do. As it is, we liaised with the registry, reached out to our customer, confirmed that we would be refunding ALL charges associated with the domain name (at a financial loss to ourselves) and offered to provide the additional compensation that the registry requested we extend on their behalf.

 

[DU]

Man, you guys are irresponsible, imho. If he takes you to court, you will lose and pay his court costs, financial loss for the value of the name and some punitive damages would be awarded as well.

I suggest you go back to whichever law school you came from and ask for your money back.

We know that gTLD 'misallocations' have occurred in the early days, but it is surprising to see that clawbacks are still taking place 3 years later. It doesn't instill confidence in new extensions at all.

I'm sure ICANN, if they put their thinking caps on, can invent a central clearing registry to cover this and all other items like it. It would just take.. hmm.. $2 a domain to be paid to the "non-profit" subsid setup to do this. Any extra cash could be put into "cash reserves" or pay "meager" Executive salaries. They could even enforce clearing for all drops and pull in even more cash and clearing up that process.

It's a lose-lose for the domain "industry" so it must be good for them!

It is denied, in the strongest possible terms, that we are, in any way, "irresponsible" and we would kindly ask all NP members to be respectful and not cast unfounded aspersions and allegations.

Anyone with two-brain cells to rub together understands this, don't worry. Some people make illogical conclusions.

 

[wwwweb]

Early on same thing happend with ECO keyword back in 2013 I believe.

The GTLD TOS contracts give the registries many powers to take names back, you don't have a fight in the matter. I know it sucks, but that is the price of playing in the GTLD space.

 

[Recons.Com]

I suggest you go back to whichever law school you came from and ask for your money back.

I'm sure ICANN, if they put their thinking caps on, can invent a central clearing registry to cover this and all other items like it. It would just take.. hmm.. $2 a domain to be paid to the "non-profit" subsid setup to do this. Any extra cash could be put into "cash reserves" or pay "meager" Executive salaries. They could even enforce clearing for all drops and pull in even more cash and clearing up that process.

It's a lose-lose for the domain "industry" so it must be good for them!

Anyone with two-brain cells to rub together understands this, don't worry. Some people make illogical conclusions.

So, what makes you the ultimate authority on this? Do ToS anywhere specify that a name can be taken away if it is discovered that registry/registrar made an error? Even if it does, is it allowed for a business to include in its ToS terms that protect it from litigations against damages from its errors, seriously believing that it would be anything-proof? What school did you attend, sir?

 

[shane mac]

Here I was thinking I've seen it all before, and up pops another example of stealing something that has been in the owners possession for nearly a year, another form of reverse hijacking for big corps to make even greater profit at someone elses expense. The domain itself, if marketed right could easily be worth high $xx,xxx possibly even six figures, I would hope the compensation is in line with its market value!!!

 

[Asfas1000]

Question is : if / when the registry takes back the domain, will it be unavailable for registration, or they have the right to sell it after a couple of years ?

 

[Lox]

because the string is not on any ICANN list

List of the restricted TLD names (daily updated, edu is on the list) > IANA

 

[ikhub]

As I also hold a edu domain registered two years ago and renewed twice, wondering what if the registry comes and says hey man, it was our mistake, you need to give it back, without any compensation.
.edu is a tld but that does not mean edu cannot be used in any other tld; then since .red is a tld, no one should be allowed to register red.green !
It is not in any list of prohibited lists. Even a site exists on edu.com.
This is clearly a trick by the registry to grab a domain back and price it as premium.

Edit: unlike op where the domain was priced premium, my domain was surprisingly a regular priced one and I renewed it twice at regular renewal fees.

 

[Recons.Com]

I agree that it is meaningless.

.de auctioned off those without a problem.

 

[platey]

What should have happened is what happened to me today

I pre registered a. Fun domain months ago but couldn't pay the price as it was far too early and the actual price was not then known

I then got an email from registrar stating price (but paid registrar the price) of the domain I pre registered etc but checked whois today and it says words to the effect of this domain has been reserved by the registry and cannot be registered

So I never got to to actually own the. Fun domain I pre registered

Which means that the checks were done before a person was able to register the domain making registration of the domain impossible and quite soon registrar will inform me that they were not able to secure the domain for me because no one could have registered the domain and then they will simply reimburse me my initial payment for that domain

But at no point did I get to own the domain which is how it should be

 

[Asfas1000]

hat should have happened is what happened to me today

I pre registered a. Fun domain months ago but couldn't pay the price as it was far too early and the actual price was not then known

I then got an email from registrar stating price (but paid registrar the price) of the domain I pre registered etc but checked whois today and it says words to the effect of this domain has been reserved by the registry and cannot be registered

So I never got to to actually own the. Fun domain I pre registered

Which means that the checks were done before a person was able to register the domain making registration of the domain impossible and quite soon registrar will inform me that they were not able to secure the domain for me because no one could have registered the domain and then they will simply reimburse me my initial payment for that domain

But at no point did I get to own the domain which is how it should be

Could it be that the very fact that you (and maybe others too) pre-ordered the domain helped classify it as premium ?

 

[Lox]

@ikhub You are right! No-logic at all. Just checked the .fun and bugatti.fun is free for $12.99 (dynadot). It appears , TM owners do not respond promptly and the Registry is taking advantage of these benefits.

 

[platey]

Could it be that the very fact that you (and maybe others too) pre-ordered the domain helped classify it as premium ?

Possibly

 

[loano1]

List of the restricted TLD names (daily updated, edu is on the list) > IANA

This seems to be not a list of restricted TLDs but more a list of TLD's in general

 

[HotKey]

But it has everything to do with you! You are a registrar, you should not be spineless reseller of names for registry. The buyer knows you and you should be tough on registry for this if it was their error and tough on yourselves if it was yours!

This is exactly what it boils down to. As gatekeepers to domain names, registrars need to have a vested interest to doing everything possible in protecting their clients assets. Part of this is preventing restricted names from being sold before the fact, not afterwards.

For the record, Alpnames has always resolved any issue I've had. A situation like this is obviously out of their hands, but its a problem that needs to be dealt with, not just Alpnames but all registries.