Domain transfer Issues.

[BigResource]

Domain Registered by Mr. 1st Registrar (2003)

Later, he was unable to pay checks from offshore (India) and asked an American friend to pay by his credit card to keep the domain active.

2003, 2004, 2005, 2006 and 2007, the domain kept and paid by the US friend (at Godaddy) and the site being ran by the Mr. 1st Registrar, as he is the programmer and webmaster and the real owner.

To be exact 12th of July, 2007. Mr. 1st Registrar asked for the domain and friend asked for the money that he has paid over the years for keeping it registered, Mr. 1st Registrar paid it to him and Domain was transferred from One Goddady account to another Godaddy account of Mr. 1st Registrar (as now the 1st Registrar have a CC and a Godaddy account that he can manage).

Why 1st Registrar asked for the domain back to him from friend? because he has sold it to another party (will be referred as Sold-Party onwards). He wanted to get it transferred from (US friend) to his Godaddy account and then further to that Sold-Party. Even for the local transfers (from one Godaddy account to other, Godaddy has a strict policy of 60 days hold period), so it passed to Sold-Party on 12 Sept, 2007 and now finally resides with the Sold-Party at Netfirms, Inc.

Here comes the US friend (yesterday) again claiming that this domain belongs to him and he is real owner, chatted with me to transfer that domain back to him ASAP.

Since very first day the domain was registered in the name of Mr. 1st Owner, but for 4 years the domain info showed the info for friend as he was paying for it at Godaddy from his account and the site being ran by Mr. Ist Registrar in technical/programming aspects. Later on 12 July, 2007, he (friend) transferred to Mr. 1st Registrar, because he was unaware of the domain worth at that time, otherwise, he wouldn't have transferred it. But now after it's being sold (for US$ 100,000) he came to know about the worth and asking it back, saying he has the TradeMark Registered for it, he will go to ICANN and will take the matter to court, blah blah.

Current Status:
- No dispute filed with GoDaddy or Netfirms by me or friend, so far he has threatened me on chat and IM.

- The domain is on 60 days hold period (as it was sold by Mr. Ist Owner (from Godaddy), to Sold-Party (at Netfirms) with current ownership by Sold-Party.

I just want to ask what could be consequences if the friend goes to Godaddy, Netfirms, ICANN or court. What will be his rights? I am not the US citizen, I am residing in India, will this comprimse my rights?

Thanks and Regards,
Mr. Ist Registrar.

 

[BitcoinDK]

As I see itt, if you are the registrar, it doesnt matter who is paying.

Its your name and information which is the registrar and this is what counts.

But wait for other more qualified answers from members here in Namepros, before you do anything.


Best regards

 

[BigResource]

Thanks muchly for your advice, but I need more replies from experienced people here:

No doubt I am the first owner ever to register that domain in 2003. It was registered it in my name. But for over 4 years it remained with my friend and he kept updating the domain contact info, I went to domaintools.com to see the history for it, it's showing 20 record updates (with different registrars, my friend kept moving the domain, but for last 2 years it was in his Godaddy account from where he transferred it to me) in the last 5 years, until he transferred it back to me on July 12th, 2007 then I sold it and now it's in control of another party (at Netfirms) and the friend is making a false claim for the control of it when he heard that I sold it for a handsome amount.

TIA.

 

[DNQuest.com]

It is amazing how people get when money is involved. Leagally, since he transfered the domain on July 12, 2007, he no longer has any rights to the domain. Yes, he could have sold it while he "owned" it, since he was legal owner of the domain. Lesson: Friends and money do not mix.

 

[Dave_Z]

No doubt I am the first owner ever to register that domain in 2003. It was registered it in my name. But for over 4 years it remained with my friend and he kept updating the domain contact info, I went to domaintools.com to see the history for it, it's showing 20 record updates (with different registrars, my friend kept moving the domain, but for last 2 years it was in his Godaddy account from where he transferred it to me) in the last 5 years, until he transferred it back to me on July 12th, 2007 then I sold it and now it's in control of another party (at Netfirms) and the friend is making a false claim for the control of it when he heard that I sold it for a handsome amount.

Do you have any other agreements aside from what you stated here so far?

Otherwise, it's the "friend's" burden to prove their claims. But I wouldn't worry
about the domain name since, as you said, it's registered to the sold party.

LMK if I'm missing something.

 

[BigResource]

Do you have any other agreements aside from what you stated here so far?

Otherwise, it's the "friend's" burden to prove their claims. But I wouldn't worry
about the domain name since, as you said, it's registered to the sold party.

LMK if I'm missing something.

No written agreements. Yes and the domain is not with me even it's with sold party.

One more question: "The party who bought the domain, didn't update the site and certain forum pages/messages still showing his (friends) name as owner. I want to mail the sold party to remove his name from pages, should I do it? because a part of payment to me is still pending and I dont' want to alert them that this domain may be under UDRP in few days, if friend goes for this option".