Transfer complaint form

[Bert23]

Anyone have experience of this on on the icann website?

Trying to recover some domains stolen a few years back.

Thanks bert.

 

[urlurl]

...if the names are being commercially used now, the current owner might have bought the name(s) from a legit seller and that seller may have bought from another legit seller... until you get back to the original thief. So all those people leading up to the current owner may not have been aware the name was stolen. that's a lot of time and transfers since the first alleged crime. its an uphill battle at best

 

[Bert23]

So legally that proves domains are not property.

Like if a Picasso was stolen from a gallery and the legit owner tried to get it back some years later. (?)

 

[jberryhill]

However, the registrar has to initiate the complaint so they probably won't do that...

Correct. Additionally, it is set up to look at a single transfer and whether that transfer was compliant. First off, if the admin email was hacked, then the transfer was probably "compliant" in the sense that the registrars received the correct communications during the transfer. Secondly, if the name has transferred twice, then the second transfer was definitely compliant.

TDRP's virtually never happen. Since the policy was put in place years ago, I've only seen one, and I have consulted with a lot of registrars.

 

[Kate]

The wild story about how the domain name CM.com was just registered

 

[Bert23]

Many thanks for that info. 5 lawyers gave feedback on my case, udrp not the way to go, but instead forcing the owners (current I guess) to turn up in a Virginia courtroom.

As I understand it Verisign can technically restore a domain from a Chinese registry if ordered to by a court.

They will most certainly have representation in court and claim good faith. It seems unlikely that such expensive assets can transfer without a chain of receipts and a paper trail.

 

[Acroplex]

Are these LLLL .com's ?

The current market cap is at $1,500 each. If they are LLL .com's that's a different story.

The federal lawsuit is filed 'in rem' - against the domain, as opposed to against the owner. You'll basically be explaining your accounts were unlawfully accessed and the domains transferred out without your authorization.

Most of the time, the thief won't respond but if the domains were laundered, the new owner might. If you win the lawsuit, Verisign must transfer the domains back. It's a costly process, however.

 

[Kate]

Just in:
RGF.com ordered transferred in UDRP

 

[Bert23]

Are these LLLL .com's ?

The current market cap is at $1,500 each. If they are LLL .com's that's a different story.

The federal lawsuit is filed 'in rem' - against the domain, as opposed to against the owner. You'll basically be explaining your accounts were unlawfully accessed and the domains transferred out without your authorization.

Most of the time, the thief won't respond but if the domains were laundered, the new owner might. If you win the lawsuit, Verisign must transfer the domains back. It's a costly process, however.

Ok With 2 end users I'd have to file 2 law suits (20k each worst case scenario) plus if they both turn up in court and claim legitimate rights due to laundering and win I pay legal costs x2.

So that's a 100k risk I assume.

 

[jberryhill]

No, the suit is against the domain name itself as the "defendant".