I have a legal question

[geb9696]

I got an interesting e-mail today with regards to one of my domains that I own. The e-mail stated that "You did nothing wrong, the problem is the registrar let the domain go public when in fact we still owned it. You just happen to come along and buy it."

Has anyone ever had this happen to them before? What steps should I go forward with in investigating exactly what this person is talking about? The sender of the e-mail said that ICANN has been contacted and is aware of the disbute. I also would like to mention that over the past month I have recieved multiple emails from godaddy saying that the transfer of my name has been initiated and that my approval would be needed to move forward.

Any advice on the situation would be appreaciated. I have a little more information but I do not want to post anything that may hurt me if this does infact end in legal action.

 

[verbster]

This couldn't happen, I don't think. If they truly owned it, a transfer process would have to happen, including their participation (like you've been getting). Even if it were in the redemption status, you couldn't take possession until it was out of the pending delete status after the redemption period ends. And if that happened, it's yours.

I've been reading several threads with somewhat similar situations, usually pseudo-C&D letters or "mistakenly" registered e-mail. Although I have no basis for proof, I think some folks have found this is an easy way to get some good domains.

If someone were to send out e-mail like this by the thousands, I bet they would snag one or two just because it seems someone always falls for a scam.

I'd say check things out very carefully....make them prove their ownership and the registrar's mistake beyond a doubt. That you've "owned" it for long enough to get transfer requests on it...well, watch out for scammers, and make sure it's locked.

 

[verbster]

The domain history only has two entries, both yours. It indicates you registered the name on april 3, 2007 and did some change in August.

I see no record of any owner before you in Domain Tools History. That may be inconclusive, though.

 

[geb9696]

I looked at the wayback records and there was a site at the domain but it appears to have been taken down in 2005. I am starting to think this is some sort of scam. Even if the story is true and there is a dispute between the said person and the registrar would the end of a legal dispute just end in a monetary payment for damages? I do not see how I could possible lose this name since I did everything correctly and the domain dropped.

 

[Dave_Z]

The e-mail stated that "You did nothing wrong, the problem is the registrar let the domain go public when in fact we still owned it. You just happen to come along and buy it."

Hmm, how nice of them.

No, you don't have to do anything for them until they do what verbster said.
There are certain people who do anything to try to get what they want, but
very few go far to try to prove their claims.

Something tells me it's the classic domain-name-not-renewed-on-time-and-
dropped-and-registered-by-someone-else thing. But that's just my gut.

 

[jberryhill]

"You did nothing wrong"

You did nothing wrong.

Remember to quote that back to them.

A lot.

 

[geb9696]

Thanks for the responses. I have contacted my rep at my registrar to see what they say about it.

 

[AdoptableDomains]

I got an interesting e-mail today with regards to one of my domains that I own. The e-mail stated that "You did nothing wrong, the problem is the registrar let the domain go public when in fact we still owned it. You just happen to come along and buy it."

You did nothing wrong by their own admission. End of story, not your problem (unless they have a TM on it). The dispute is between them and their registrar. I'd leave it that way at this point.

Has anyone ever had this happen to them before? What steps should I go forward with in investigating exactly what this person is talking about? The sender of the e-mail said that ICANN has been contacted and is aware of the disbute.

Yes, many people think they renewed but didn't, or in fact a registrar took their money but didn't process the renewal. As previously stated, why should you investigate?

I also would like to mention that over the past month I have recieved multiple emails from godaddy saying that the transfer of my name has been initiated and that my approval would be needed to move forward.

So they tried to hijack it back without regards to your new ownership? All the more reason not to help them.

Any advice on the situation would be appreaciated. I have a little more information but I do not want to post anything that may hurt me if this does infact end in legal action.

Save all contacts and documentation on the domain. If you investigate, do it for yourself, not for the person who may have tried to hijack your domain back. Answer politely, but refer them back to their registrar where they claim the problem lies.

 

[Dave_Z]

Save all contacts and documentation on the domain.

Everyone around here ought to permanently etch that in their heads.

 

[homebuyer]

Lesson

February 1883, CINCINNATI ENQUIRER, pg. 4, col. 4:
_BUNKO_
_"A Sucker Born Every Day"_
_The Game in This and Other Cities--Harry Withrow's Arrest in Boston._
A reporter asked a well-know bunko man one day how it was that people
still continued to be swindled by the same old process when the papers are
constantly warning them. The reply was that there was a sucker born every
day. And so it seems, for the old time scheme continues to be worked with
success all over the country.

*Quoted from a secondary source.

 

[IAmAllanShore]

*Quoted from a secondary source.

You mean you don't have the original 1800's article on hand? Bad spading, bad!

As to the OP - it very well may be that the registrar screwed up (See: "Registerfly" et al) and didn't renew the domain as it should have, but hell, you did nothing wrong. The transfer requests make me think the emailer is trying to take things into his/her own hands, and thereby reduces my sympathy level dramatically.

-Allan :gl: