Preordered domain hijacked by registrar!

[mtv]

I preordered a .mobi domain and it was registered by the registrar I preordered through, although they used a different name. I had to pay thousands instead of the $79.98 I signed up for. Does this happen all the time? If so, we ought to bring a classs action suit!

 

[Dave_Z]

More specifics please. A sequence of events might help clarify things.

 

[mtv]

More specifics please. A sequence of events might help clarify things.

On May 30, 2006, my registrar announces they are taking preorders for .mobi domains.

On May 31, 2006, I enter my preorder for the .mobi version of the .com domain I have registered with the registrar.

On the morning of September 26th, 2006, I call the registrar to get status. I am told by customer service that someone else is ahead of me and if something goes wrong with the order I am next in line.

I maintain contact with customer service over the next few days and learn that the order has been completed. I also learn the name of the company that has acquired it.

I contact the company directly with the intention of coming to some arrangement, they want $10,000!

I try to negotiate over the next few days without success. However, while leaving a voice mail I decide to hit '0' for an operator and find myself in the phone system for the registrar I preordered the domain through!

I was desperate for this domain, I have been planning for some time and I am in the mobile internet business. So after some more negotiation I end up paying $7000 for the domain, after all, legal remedies to extract it from them would be much more expensive, would not guarantee success, and could take a long time.

They had access and used confidential and personal information, ie my ownership of the .com domain and my preorder of the .mobi domain.

They took unfair action to acquire the domain before I did, although they were supposedly working on my behalf to acquire it for me.

We need to be able to trust registrars to acquire domains honestly and impartially on our behalf!

 

[Dave_Z]

Unless the registrar's privacy policy indicates something like the info you give
them won't be shared or utilized by other parties, then they're pretty much
free to do anything they want with it. That's just the way it is sometimes.

One could find that unethical. But that depends what side of the fence you're
on.

It so happens you're on the side that got "exploited", sad to say. It happens a
lot of the time, both online and offline.

In the meantime, just make it up by using the domain name for your intended
business. You'll get your $7000 back that way, I'm sure.

Good luck finding a registrar who's "trustworthy" enough. Nowadays it's easier
said than done.

I realize your thread title expresses your feelings as "accurately" as possible.
But the registrar didn't hijack what you never owned in the first place.

 

[Spade]

Perhaps im missing something, but I cant imagine this is acceptable for an ICANN accredited registrar.

Who is it that you registered this domain name with?

 

[IAmAllanShore]

Now that you have the domain, more details would certainly be appreciated.

Namely, registrar, the domain name in question, and anything else you can give us...

If the series of events unfolded as you've described them...

-Allan

 

[aliengg]

File a detailed complaint to ICANN.

 

[Brujah]

Was it Enom? They did the same thing to me with the .EU release.

 

[aliengg]

If you have trademarked the name, then you can file complaint to WIPO.

 

[Dave_Z]

Some of you ought to re-read the sequence of events the OP provided. S/he
already has the name.

What s/he's complaining about is supposedly what occurred prior to buying it.

Unfortunately complaining to ICANN about this isn't going to do squat. But at
least let the powers-that-be know about this.

 

[IAmAllanShore]

mtv has been back to the forum and seen this thread, so I'm confused why no response...

I'll repeat my questions in case some off point ones above discouraged a response:

Now that you have the domain, more details would certainly be appreciated.

Namely, registrar, the domain name in question, and anything else you can give us...

If the series of events unfolded as you've described them...

-Allan

 

[accent]

Allan may be an attorney, or have some sort of legal knowledge. I do not so I am free to complete his sentance, with the understanding that I am not qualified to give legal advice and that I am in no way speaking for Allan:

If the series of events unfolded as you've described them...

..... You may have a case either for breach of contract (the registry contracted to get the name for you, then afterwards took it for themselves, in apparant bad faith) or, I think more strongly, for mis-use of trade secrets entrusted to them (your desire for the .mobi, and perhaps whatever plans for the domains that you have confided in them.) The whois of the .com is public, but the registry may have further information or insight and was in a unique position to evaluate your desire for the .mobi.

If you can prove that the actions are deliberate and pre-meditated (any written correspondence in either direction???) and from what you have said they certainly appear to be, I think there is a chance for damages well beyond the $7000 that they appear to have stolen from you. The down side is that legal cases are a royal PITA.

To repeat - this is not legal advice, I may be way off.
I would love it if you jammed those crooks, though.

 

[IAmAllanShore]

From another source


1. Which registrar ?
Dotster, DBA RevenueDirect.com

2. What name ( if you dont mind ) ?
scene.mobi

3. When did you pre order ?
05/31/06

4. Why and How did you pay $7000 ?
I have big plans for scene.com and scene.mobi, I felt if I didn't get the domain right away it could become more expensive if not impossible to acquire later on. I paid using Paypal...

 

[mtv]

If you have trademarked the name, then you can file complaint to WIPO.

WIPO disputes only apply to domains that were already trademarked. I actually do have a trademark now, and it may actually help my civil case later.

From another source


1. Which registrar ?
Dotster, DBA RevenueDirect.com

2. What name ( if you dont mind ) ?
scene.mobi

3. When did you pre order ?
05/31/06

4. Why and How did you pay $7000 ?
I have big plans for scene.com and scene.mobi, I felt if I didn't get the domain right away it could become more expensive if not impossible to acquire later on. I paid using Paypal...

Thanks Allan!

This is all correct. One interesting new piece of information, the registrar that Dotster/RevenueDirect used is Alldomains.com. A quick lookup at the state of Washington lists the contact information for Alldomains as the CEO of Dotster, they also share the same address.

 

[gingeman]

Have you actually approached them about all of your findings? Perhaps if you were to speak to them and they were aware you were 'onto' them, they may wish to come to some sort of satisfactory arrangement to save their reputation amongst the domaining community. This is highly unethical IMHO.

 

[psalzmann]

I see more and more threads on namepros each day about how the big domain name portfolio companies are scamming names registered or attempting to register by the customer.

This is a unprofessional and someone needs to take action so this type of operation can be safe for the average domainer. I've heard enom, registerfly and others taking this approach and it really makes me sick. Proof is here at namepros for everyone to clearly see. If that's not enough, do you think the people at enom, sedo, registerfly do not visit namepros? of course they do, in fact there is proof of these people and their agents trying to defend their actions as replies here in the namepros forums. Some are legit responses, others are clearly available for you to make your own informed decisions.

So what's the future hold for domainers?

Let's see:

- .org (and .info?) registered domains can be set at *any* high valued price for a renewal fee even if you already own the domain name. Who's idea was this? and why? nasty business. As if opening 100000 new ccTLDs wouldn't be sufficient enough.

- ICANN approves thousands of new cctld's allowing normal people to suckered into buying trademarked names registering different cctld's to occur to then have registrants be served with legal C&D letters. Why do this when they can take action directly at the core of the registration system to prevent known trademarked names to be registered. Interesting thought no? (I'm sure you guys have your reasons that would prevent this from happening) - Ie: fan based sites, info sites, etc. but there still should be a way for the trademarked company to know about new domains that are being formed around the trademarked name... similar to how google sends "keyword alerts" to your email.

Whatever, I could be way off, as I'm not as hardcore as you guys but I see what I see and I'm at the point where I feel even godaddy process of purchasing domains is not even secure as they reveal their whois information of recent searches to the public eye. Who's idea was that? that is a privacy violation if you ask me.

No it's not you say? I think it is. That's called being a rat. This is NO DIFFERENT than me telling Joe about a new product idea I have or a new domain name I've been thinking of registering and then for Joe to go to the local newspaper to then inform the public about what names would be great to register based on my thoughts.

If you have different thoughts about Godaddy, then pin-point on the godaddy site where it explains that your search will be available to other registrants within a 2 hour period. LOL. Yes, it's happened to me, and NO it wasn't because the name I wanted was so generic even the average person would know it. I've done research and have proved it more than once on names that even the worst average domain newbie wouldn't buy. Try a 13 character domain name for starters.

Something's gotta be done. How is all this legal? You know, it's funny too because you have bob parsons going on about this kiting and that kiting getting all pissed off about how the domain tasting industry is this and that when they are turning around with scams of their own.

It doesn't make any sense

 

[mtv]

Have you actually approached them about all of your findings? Perhaps if you were to speak to them and they were aware you were 'onto' them, they may wish to come to some sort of satisfactory arrangement to save their reputation amongst the domaining community. This is highly unethical IMHO.

Oh yes, I learned of the RevenueDirect/Dotster connection during my negotiations and confronted them very directly. They lowered thier price from 10k to 7k, that's it. Everyone agress that what they did is unethical, the question is whether it was illegal and whether there is a civil case. I believe there may be a good basis for a class action suit but I'm still investigating.

I see more and more threads on namepros each day about how the big domain name portfolio companies are scamming names registered or attempting to register by the customer.

This is a unprofessional and someone needs to take action so this type of operation can be safe for the average domainer...

Not to mention normal businesses! Imagine how many average unsuspecting businesses fall victim to this practice every day!

<SNIP>

Something's gotta be done. How is all this legal? You know, it's funny too because you have bob parsons going on about this kiting and that kiting getting all pissed off about how the domain tasting industry is this and that when they are turning around with scams of their own.

It doesn't make any sense

Thanks for sharing your experience. I totally agree that something should be done and its not going to happen until people like you and me get together and file a class action suit. Hopefully soon!

 

[labrocca]

Yeah...this is becoming more typical of the monopolies being held be registrars. They are basically the mafia of the internet. They stick together pretty well and screw the little guy with extortion such as this. Personally I would get a lawyer and try to get the feds involved. Make sure to document as much as you can. Truly this is extortion but sadly it's not suprising. The new ICANN rules pave the way for this type of thing. If you own a domain for 10 years and have a prosperous site...your reg fee may suddenly become $xx,xxx. If that's not extortion then what is?

 

[psalzmann]

If you own a domain for 10 years and have a prosperous site...your reg fee may suddenly become $xx,xxx. If that's not extortion then what is?

How is this so? I'm not new, but I've heard about it here and there but seriously, how is this enforced? who's doing what behind where exactly?

If Joe registers a name for $8, and then his renewal is $5,000 who is earning? ICANN? or someone like Godaddy? If Godaddy doesn't earn that $5,000, what is Godaddy's cut? how does it work?

Furthermore, has this already been done to anyone? I'm thinking it will start with the 2 to 3 character domains. I think I read this will happen to .org and .info. Can anyone share any additional thoughts?

Extremely scary

 

[briman1970]

Isn't what you're describing called cybersquatting? Doesn't it come with a hefty $100,000 fine if they're found guilty? This should apply to registrars as well as us little guys. :td: