Possible NEW reverse domain hijacking case??

[Intop]

Hello!

I come with a little problem.
Some time ago buy via handreg one domain in .COM

Before registering, , I did two checks:
1- In archive.org saw that he was registered by a large Asian company and they had it with a redirection to the same name in ccTLD where they have all the development.
2- Check trademark. Search in "https://tmsearch.uspto.gov" and in "https://www.tmdn.org/" any trademark with the same key. I didn't find anything.

After seeing the way clear, I I register it, changed dns, put in a purchase landing and put it up for sale in several markets.

The problem starts here:

My registrar sends me an email stating that they have received an abuse report on the domain and that in order to avoid the suspension of the domain it is necessary to fix it.

They send me the exact sentence they have received from the other side. In this email, the company that contacts my registrar by abuse says things like:
-----------------------------------
"take down the domain because it can be used to scam" | Completely false. Only have simple landing with a text indicating that it is for sale
"domain has been hit jacked by someone outside our company" | Completely false because is a handreg.
-----------------------------------

WIth this, I reply to my registrar and said that everything is a lie for the company and I plan to develop it.
Await some days and... the reply I get from my registrar is not good.

They indicate me the following:
---------------------------
- suggest an alleged illicit use of the services by me.
- ask me for evidence of the proper use.
- they ask me for several personal data, a selfie, my passport or legal ID, some invoices...
- provide documentation with permission to register and use their trademarks in my domain

If I do not send everything they ask for, tell me that will cancel the domain in the next few days.
---------------------------

With this I understand that my registrar, are 100% on the other company's side. And there is not much that can be done to avoid it.

This is normal ?
Why does the UDRP procedure exist if you can have your domain name cancelled by the registrar itself with any official dispute via ICANN?


PS 1: Any ideas or steps on how to proceed would be welcome.
PS 2: For the moment I leave hidden the domain name and the registrar with which I am having this problem.

Many thanks!

 

[Intop]

UPDATE:

It adds one important thing:
After all, I have checked in the patent and trademark office of the country of the main ccTLD domain they have developed (outside America).

And yes, in that country they have the trademark where they are operating but I have not seen that they have the trademark worldwide.

Could this be a problem for the defense?

 

[cyberlawyer]

The behavior of the Registrar is strange, though the domain registration agreement may contains such terms that one will not register a trademark based domain name, but rarely any Registrar will act in this manner. And yes mostly they ask the Trademark holder to file for UDRP.

In case the domain name is not locked, prefer moving it to another registrar...

Overall, it can be better understood after knowing the domain name, if it contains common words, so that it can be put to a legitimate use.

 

[Acroplex]

All of this cannot be answered without knowing the exact domain name, the location of the registrant and the locale of the (alleged) tm holder. While you're at it, what is the Registrar?

 

[Intop]

The behavior of the Registrar is strange, though the domain registration agreement may contains such terms that one will not register a trademark based domain name, but rarely any Registrar will act in this manner. And yes mostly they ask the Trademark holder to file for UDRP.

In case the domain name is not locked, prefer moving it to another registrar...

Overall, it can be better understood after knowing the domain name, if it contains common words, so that it can be put to a legitimate use.

Thanks for reply.
I have not really read the registrar's terms and conditions but I will have to read them.
I understand that if I publish the domain and the registrar it would be better to give a opinion but for the moment while we are in this dispute I prefer to keep it hidden.

About the domain... yes is blocked because it has no more than 60 days.
I hope you can understand.

All of this cannot be answered without knowing the exact domain name, the location of the registrant and the locale of the (alleged) tm holder. While you're at it, what is the Registrar?

The location of the registrant is Europe. The Tm Holder is in Asia.
I understand that if I publish the domain and the registrar it would be better to give a opinion but for the moment while we are in this dispute I prefer to keep it hidden for what may happen

 

[Acroplex]

You need to consult with an attorney, best of luck.

 

[Intop]

In case the registrar suspends my account and domain would it be possible to reclaim it through ICANN by complaint?

https://www.icann.org/compliance/complaint
With this case: "The suspension or deletion of a domain name for which I am or was the holder" or this other "A registry operator not abiding by the code of conduct of its Registry Agreement"

 

[draco]

Are you sure the emails are from your registrar and not an attempt by someone to get your personal information so they can impersonate you and steal the domain?

 

[Intop]

Are you sure the emails are from your registrar and not an attempt by someone to get your personal information so they can impersonate you and steal the domain?

I wish it were like that.
But nope, the mail is legitimate and it comes directly from my registrar where they have "kindly" opened an abuse case against for me.

 

[Bob Hawkes]

I am not saying I agree with the registrar approach, but given that it is only a recent hand-registration, might not it be best to simply cancel the domain name registration and move on to other names?

Sure, you could invest funds in fighting it, and might win, or not, but is it worth the stress and money over a hand registration name?

Anyway, I hope it gets resolved for you.

PS Re hijacked, I read somewhere recently that one approach to trying to steal domain names is they control a domain name so renewal does not go to authentic registrant, let it expire, then obtain it by hand registration. Is it possible someone else was trying to do that, and you just stumbled upon the availability of the name and in end got it instead of person trying to hijack it, and now are in the middle of this?

 

[Intop]

I am not saying I agree with the registrar approach, but given that it is only a recent hand-registration, might not it be best to simply cancel the domain name registration and move on to other names?

Sure, you could invest funds in fighting it, and might win, or not, but is it worth the stress and money over a hand registration name?

Anyway, I hope it gets resolved for you.

PS Re hijacked, I read somewhere recently that one approach to trying to steal domain names is they control a domain name so renewal does not go to authentic registrant, let it expire, then obtain it by hand registration. Is it possible someone else was trying to do that, and you just stumbled upon the availability of the name and in end got it instead of person trying to hijack it, and now are in the middle of this?

Thanks for reply Bob,

The problem is not the domain but the discontent of seeing people act badly.
If the company send me a e-mail about the problem with this domain with good words it is quite possible that he would have given with free of charge.

But they have chosen the worst possible way. Contact with registrar and telling big lies.

About your PS: Nope, I sure is the real company and the former owner.

 

[LoveCatchyDomains]

PS Re hijacked, I read somewhere recently that one approach to trying to steal domain names is they control a domain name so renewal does not go to authentic registrant, let it expire, then obtain it by hand registration. Is it possible someone else was trying to do that, and you just stumbled upon the availability of the name and in end got it instead of person trying to hijack it, and now are in the middle of this?

Are you saying that some registrars interfere with legitimate renewals, causing domains to expire and be hijacked? Wow, if that is true. Has anyone on the forum had that experience?

 

[Bob Hawkes]

Are you saying that some registrars interfere with legitimate renewals, causing domains to expire and be hijacked? Wow, if that is true. Has anyone on the forum had that experience?

Not registrars. People trying to steal valuable domains.

 

[LoveCatchyDomains]

Not registrars. People trying to steal valuable domains.

That woulc be sad, for hijackers to interfere with the registrants credit card renewal. The good news in the past was that at least one registrar, Hover, provided the option of two credit cards being on record. That way, if one card wasn't working, the other could be used as backup. Unfortunately, they have now dropped this added security feature.
In any case, perhaps not relevant to the current possible reverse hijacking issue. It would be heartening, though, to see more protections being placed by registrars to prevent the problem.

 

[Lox]

Hello!

I come with a little problem.
Some time ago buy via handreg one domain in .COM

Before registering, , I did two checks:
1- In archive.org saw that he was registered by a large Asian company and they had it with a redirection to the same name in ccTLD where they have all the development.
2- Check trademark. Search in "https://tmsearch.uspto.gov" and in "https://www.tmdn.org/" any trademark with the same key. I didn't find anything.

After seeing the way clear,

Archive.org:
You see the domain was linked/redirect to their (Asian company) site but what you don't see is; scammers trying to impersonate the brand & company users receive an email (_@_.com) pretending to be from .... ( asking for password reset, update personal info or CCard etc).

Regards

 

[lock]

You did some homework but unless generic not all clear only you know if you were really taking away intellectual property from a brand.