My Domain Was Hijacked by Enom/Moniker Legal!

[bgmv]

In early January I received an email from Moniker legal department inquiring about my domain, .com. They wanted to know how I acquired it. I told them I bought it off this forum and I even provided them with the Escrow.com receipt. They later reply that the domain was stolen and that they are required to regain posession of it! I paid $350 for that domain and I wondered how I would get that back, they said tell Escrow you dealt with a fraudulent seller. I told them I would not release the domain until I spoke with my lawyer, I just logged into my Moniker account and the domain is gone! The whois has changed to private and I got screwed by a regsitrar! What the hell do i do? How do I get my domain back????? Help please!

 

[bmugford]

Wow, that is pretty bad. It doesn't surprise me to be honest. That is part of the reason I don't use Moniker. They were responsible earlier this year for me buying a stolen domain after their support totally dropped the ball. I had the domain in my possession days before sending payment. I talked to support ahead of time and asked them about the chain of custody and if any recent changes had been made. They said everything was alright, then I sent payment. Only to find out later the domain was stolen and with any minimal amount of effort Moniker could have figured it out.

I was trying to work with the original owner to return the domain, and even there Moniker was completely unhelpful.

They tried to imply if Escrow was used it couldn't have happened. It was surprising people who run an Escrow service are so clueless to how it works. All escrow does is make sure the domain and funds are delivered, it doesn't vouch for the quality of the product.

I would like Moniker to explain exactly what happened here. Were you able to present your side of the case?

Brad

 

[owntype]

Sorry to hear this.

I have seen many members said they will return the domain to its original owner no matter how much they paid for it if the domain is proved to be a stolen domain.

To be honest, I don't know what's the right decision if I paid a lot for a stolen domain (and I don't know this) via a legit way.

e.g. $xx,xxx.00 via escrow service? What will you do? :td:

 

[bgmv]

I explained to them exactly what happened and provided a copy of the Escrow.com transaction. They said that Enom required that they transfer the domain to them because it was stolen. I said I would not allow them to do this until I spoke with my attorney, he said they have absolutley no right to do this. I never got a response back from Moniker, just logged into my account and found the domain is gone. I just called Enom and they confirmed the domain is with them. Whats even worse is that my computer crashed and the screenshot I took of my Moniker domains is gone. Enom stated that they have no sign of me ever owning the domain, it has been with the same owner for the past 8 years!!! They really really screwed me

 

[Spade]

Wowsers...

Did you ever reproach the situation after you said you would discuss with a Lawyer?

I see you acquired the domain name sometime in July of 2008? then in January 2009 moniker comes a knocking? Thats a heap of a time-line to try to regain control of a domain name (if infact stolen).

Previous whois:

stephanie marek
4616 yellow harbor street
las vegas
NV
89129
US

But before that in Feb it was :

Lynda Recht ([email protected])
+1.6192492233
Fax: +1.1
6602 Dwane Ave
San Diego, CA 92120
US

This was also at Enom (not Moniker).

Prior to that it was owned by:

Yee, Gue Sune
Gue Sune Yee ([email protected])
+82.313928806
Fax:
962-1301, Geukdong Apt. Sanbon-dong
Gunpo-si, Gyeonggi-do, .. ..
KR

But also owned at another registrar - NameBargain.

Im trying to figure out which sale looks suspicious - but frankly, with the transfer of service, unless the previous owner is claiming it was stolen - I dont understand how Moniker could take action unless there was some kind of court order.

 

[bmugford]

My situation with Moniker was also an Enom hijacked domain to Moniker. Everyone up to the top levels defended their bumbling support.

Brad

 

[bgmv]

Wowsers...

Did you ever reproach the situation after you said you would discuss with a Lawyer?

I see you acquired the domain name sometime in July of 2008? then in January 2009 moniker comes a knocking? Thats a heap of a time-line to try to regain control of a domain name (if infact stolen).

Previous whois:

stephanie marek
4616 yellow harbor street
las vegas
NV
89129
US

But before that in Feb it was :

Lynda Recht ([email protected])
+1.6192492233
Fax: +1.1
6602 Dwane Ave
San Diego, CA 92120
US

This was also at Enom (not Moniker).

Prior to that it was owned by:

Yee, Gue Sune
Gue Sune Yee ([email protected])
+82.313928806
Fax:
962-1301, Geukdong Apt. Sanbon-dong
Gunpo-si, Gyeonggi-do, .. ..
KR

But also owned at another registrar - NameBargain.

Im trying to figure out which sale looks suspicious - but frankly, with the transfer of service, unless the previous owner is claiming it was stolen - I dont understand how Moniker could take action unless there was some kind of court order.

Yes, I acquired it on July 18, 2008. After I told them I would speak with my lawyer they never responded. The domain was in my posession up until recenlty, havent checked in about a week or two. They could have at least notified me that they were taking the domain on X day. Does my name come up on the whois? This really sucks, how do they have the authority to do this?

 

[bmugford]

Yeah, this is the problem. I would like to see Moniker here explaining exactly what happened.

Brad

Im trying to figure out which sale looks suspicious - but frankly, with the transfer of service, unless the previous owner is claiming it was stolen - I dont understand how Moniker could take action unless there was some kind of court order.

 

[Spade]

My situation with Moniker was also an Enom hijacked domain to Moniker. Everyone up to the top levels defended their bumbling support.

Brad

I guess I dont understand the relationship where Moniker does whatever Enom tells them to do?

Enom drops name to NameJet not Snapnames anymore - what does Moniker owe them?

Yes, I acquired it on July 18, 2008. Does my name come up on the whois? This really sucks, how do they have the authority to do this?

Your name comes up on the historical whois - yes. As does the previous owners (as I posted).

 

[bmugford]

Yes, I acquired it on July 18, 2008. Does my name come up on the whois? This really sucks, how do they have the authority to do this?

I am not sure if they have the authority to arbitrarily make a decision like this.

Were you able to present a case? What proof was give the domain was stolen? Who made the decision that the proof was legit? etc.

Not to mention the length of time that passed is ridiculous.

There are lots of things here that need to be explained.

Brad

 

[bgmv]

I guess I dont understand the relationship where Moniker does whatever Enom tells them to do?

Enom drops name to NameJet not Snapnames anymore - what does Moniker owe them?



Your name comes up on the historical whois - yes. As does the previous owners (as I posted).

Can you please take a screenshot of the whois with my name and PM it to me or just post here, thank you

I am not sure if they have the authority to arbitrarily make a decision like this.

Were you able to present a case? What proof was give the domain was stolen? Who made the decision that the proof was legit? etc.

Not to mention the length of time that passed is ridiculous.

There are lots of things here that need to be explained.

Brad

They made no effort to hear my side of the story. I had 25 domains stolen from me and haven seen one of them. This is so bogus - I can understand if there was an indictment or something but this is ludicrus. And if there was any proof I definitley deserve to see this evidence first hand. Apparently, anyone can claim that their domain was stolen after selling and Moniker will happily get it back for you

 

[bmugford]

Any case like this should have due process. Both sides should have a chance to present their cases.

Were you able to see any evidence showing the domain was stolen? Basically they just made a decision without your involvement, and removed the domain from your account several months later.

If the domain was stolen that is one thing. But to hear one side of the argument is ridiculous.

That is not a company I want any part of.

Brad

Can you please take a screenshot of the whois with my name and PM it to me or just post here, thank you



They made no effort to hear my side of the story. I had 25 domains stolen from me and haven seen one of them. This is so bogus - I can understand if there was an indictment or something but this is ludicrus. Apparently, anyone can claim that their domain was stolen after selling and Moniker will happily get it back for you

 

[Spade]

Here is your whois screen shot from DomainTools:





Lynda Recht ([email protected])
+1.6192492233
Fax: +1.1
6602 Dwane Ave
San Diego, CA 92120

Is the customer who must be complaining the domain name was stolen. The first historical whois after her ownership that shows a transfer to Moniker was on 6/30/08. The new owner on that date is:

stephanie marek
[email protected]

4616 yellow harbor street
las vegas
NV
89129
Phone: +1.7029536338

If a theft truly did occur then it likely was via "stephanie marek". However the time frame just kills me. If this happened in June of 2008 - how can this process happen 6+ months later?

 

[bgmv]

Thanks alot Justin, just sent this to my lawyer! Has anyone else had an occurence like this? If so please share!

 

[Spade]

I think your next communication should be to whomever sold you the domain name. Lets see if they have a "side" to this story.

 

[bmugford]

Yeah, I mean how long can they wait to complain? This whole thing doesn't make sense.

I want to know who saw the "evidence" and who made the final decision to return this domain without due process.

Brad

If a theft truly did occur then it likely was via "stephanie marek". However the time frame just kills me. If this happened in June of 2008 - how can this process happen 6+ months later?

 

[bgmv]

Any case like this should have due process. Both sides should have a chance to present their cases.

Were you able to see any evidence showing the domain was stolen? Basically they just made a decision without your involvement, and removed the domain from your account several months later.

If the domain was stolen that is one thing. But to hear one side of the argument is ridiculous.

That is not a company I want any part of.

Brad

I agree that this is just so absurd it pisses me off. Its not like I knew the domain was stolen and believe me I checked everyway possible to see if someone claimed it had been hijacked, that was the last thing I wanted. They have no legal right to do this, im going to read their TOS and see if it says anything about recliaming stolen domains.

I have all the PM's between xandomains and I so I guess thats a start. Like I dont have enought shit to worry about now I gotta spend time fighting to get a domain back that is legally mine, so much for Easter.

After reviewing all the PM's between xandomains it definitley didnt seem like the seller was from this country.

 

[bmugford]

Moniker, or any registrar could get in legal trouble for taking arbitrary actions like these. There are so many questions up in the air about how this happened.

1.) Where is the evidence it was stolen?
2.) Why did it take 6+ months?
3.) How was the domain stolen?
4.) Who made the decision that the evidence was credible and to return the domain.
5.) Were they ever planning on telling you the domain was returned, or just let you figure it out when it was missing.

More importantly than any of that is why were you not able to present your side of the case.

Brad

I agree that this is just so absurd it pisses me off. Its not like I knew the domain was stolen and believe me I checked everyway possible to see if someone claimed it had been hijacked, that was the last thing I wanted. They have no legal right to do this, im going to read their TOS and see if it says anything about recliaming stolen domains.

 

[Len]

I can understand them reclaiming the domain for the rightful owner if infact it was stolen.
The baffling part of this is that they didn't give an explaination or an opportunity for you to question their actions before removing the domain from your account.

 

[Spade]

Ugh - a Quick search shoes that the NP Member was involved in selling stolen domains:

http://www.namepros.com/2930924-post2.html