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-   -   ChinaCapital registered a domain owned by a local non-profit organization (https://gfy.com/showthread.php?t=1210468)

zerovic 08-03-2016 05:49 AM
ChinaCapital registered a domain owned by a local non-profit organization
 
Hey guys, so here's the situation...

A friend of mine owns a local dog rescue organization and they had a website on animasubotica.com

The guy who previously owned the domain is abroad, and he couldn't renew the domain himself, so it went in the PendingDelete status. Of course, they were watching it's status from day to day, then suddenly, it was re-registered by a Chinese company this morning...

What do you think, is there a way to get it back?

Thanks in advance,
z

candyflip 08-03-2016 06:28 AM
Buy it back. Someone else owns it now.

onwebcam 08-03-2016 06:30 AM
S.o.l...

Barry-xlovecam 08-03-2016 06:41 AM
No, generally

You don't own a domain you have a renewable leasehold. If you don't pay to renew --

Quote:
For 30 days after the expiration date the domain will be available for renewal during a grace period. After the 30 day grace period, the domain will enter a hold period known as the Redemption Period for another 30 days. To recover the domain during the Redemption Period the registry requires a $150 USD fee.
Do they have a registered or other claim of trademark -- a first use before the domain was lost
If the Chinese buyer tries to sell it back for more than the registration fee -- take that domain into UDRP if you think you can meet the 3 tests to prevail -- this arbitration will cost $2,000+

Using ICANN's UDRP: Analysis

So, if the extortion is $500 it is cheaper to pay for it's return
Do not contact them let them contact you. This way you preserve your UDRP claim ;)

You also might be able to go into civil court and make an in rem case against the domain name as property -- seize the domain with a default loss you the Defendant --see a licensed lawyer on that one

Not offered as legal advice

DVTimes 08-03-2016 07:45 AM
Probably easier to just think up a new domain name.

woj 08-03-2016 09:12 AM
Quote:
Originally Posted by Barry-xlovecam (Post 21078409)
No, generally

You don't own a domain you have a renewable leasehold. If you don't pay to renew --



Do they have a registered or other claim of trademark -- a first use before the domain was lost
If the Chinese buyer tries to sell it back for more than the registration fee -- take that domain into UDRP if you think you can meet the 3 tests to prevail -- this arbitration will cost $2,000+

Using ICANN's UDRP: Analysis

So, if the extortion is $500 it is cheaper to pay for it's return
Do not contact them let them contact you. This way you preserve your UDRP claim ;)

You also might be able to go into civil court and make an in rem case against the domain name as property -- seize the domain with a default loss you the Defendant --see a licensed lawyer on that one

Not offered as legal advice
yea, $2k UDRP arbitration for a worthless domain... :error:1orglaugh

his best bet is to write up some sob story, and pray the domainer is in a good mood and sells it back for $100... otherwise, like poster above said, get a new domain name...

DVTimes 08-03-2016 11:39 AM
Quote:
Originally Posted by woj (Post 21078796)
yea, $2k UDRP arbitration for a worthless domain... :error:1orglaugh

his best bet is to write up some sob story, and pray the domainer is in a good mood and sells it back for $100... otherwise, like poster above said, get a new domain name...
Yes

But the fact that he did not re-new the domain means the site was down for some time, so I conclude he was not realy using the site.

The other reason why I would opt for a new domain is that animasubotica, may be misread anyway, as in 'animal sub erotica', or just 'animal erotica'. Then again that may be just me.

But tell him to get a new domain name and have it on auto re-new.


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