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Want to take away domain name

Started by amitkedia, Aug 31, 2022, 09:48 AM

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amitkediaTopic starter

Around eighteen months back, after a drop, I made a purchase at an auction for a domain in the .org zone. The domain previously belonged to an American non-profit organization that fought against censorship on the internet. During the battle against internet piracy, renowned music and film companies were keen to pass an act through the US Senate that would force providers to block selected websites.

Two to three months later, they called me from the US on my mobile number, which was mentioned in the whois. I asked them to send me an email with all their queries. Nevertheless, following that incident, the whois was shut down.
After a year and a half had passed, the registrar informed me that they received a letter from adrforum. adrforum has the authority (from ICANN) to resolve issues linked to domain seizures, etc. They asked me to hand over the domain they requested. Soon after, I received a copy of the letter with the subject line "Fight for the xхxxхxxхxxхxxхxxхx v xхx xхxX-number." According to UDRP rule 11, the applicant had five days to have their demands translated into Russian. A copy of this requirement was also sent to me as the defendant.

I believe they are likely to take the domain once they launch the UDRP. However, I discovered that the previous owner launched the site again, this time in the .net zone, around three to four months after the drop. To my understanding, the domain name does not include any trademarks (although there is a chance I could be incorrect), and the subject matter is non-commercial. A year ago, I shared my texts on the same subject using the domain and included AdSense. I'm curious whether the domain will be seized, and if AdSense is an unlawful practice since it entails profit-making.
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natmir

A widespread belief has been that if Company X has a turnover of 100,500 billion, it will undoubtedly pay a million or two per domain name. After all, this sum is trifling for them and so on.

Nevertheless, as far as practicality is concerned, things are different. Typically, small and medium-sized firms pay for domain names. On the other hand, large corporations solve the problem through legal means. For instance, Google handles situations with utmost discretion. They never send any warning or claims; instead, their affiliated lawyers quietly get to work and earn their fees.
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Kitty Solam

I am of the opinion that your domain name won't be confiscated, and AdSense doesn't pose a threat in this situation. ICANN receives numerous requests from social activists to acquire domains like yours, and I believe that they are just a few thousands out of the many who make such requests.

If personal beliefs don't come in the way, you could also try to collaborate with them. For instance, if you have a section regarding Russia, they could have one about the USA. You could maintain two separate sections while investing in your domain name and using their hosting services.

If you genuinely share a common goal with them to fight censorship on the internet, you can establish a powerful joint project. In reality, they face more difficulties related to this issue than we do. Generating revenue from it won't be much of a hassle either. Everyone requires money, especially when fighting against evil.

Thank you for sharing your story. I'll be following it with interest.
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PrimoPierotz

In order to file a claim, you must legally acquire the information of the domain owner by submitting an official request.

If the registrar has provided correct details, you should be informed about such a request. At this stage, the registrar can also create issues for the plaintiff. However, the time between receiving a response, filing a lawsuit, and blocking the domain is sufficient to change ownership.

As for using someone else's trademark in the domain name, if the trademark is registered after the domain, it is incredibly difficult (although not impossible, given our judicial system) to take away the domain. However, it is feasible to recover damages for using someone else's trademark.
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SpyLin

First, it's crucial to assess the history and usage of the domain in question. The fact that the domain was previously owned by a non-profit organization fighting against internet censorship may have implications for its perceived value and the potential motives behind its acquisition at auction.

The communication you received from the previous owner, as well as the subsequent shut down of the whois information, are significant developments. They may reflect a proactive effort to maintain control over the domain and protect their rights, especially if they experienced issues related to domain seizure or dispute in the past.

The request from adrforum, as an entity authorized by ICANN to handle domain dispute resolutions, signals the potential escalation of the situation. The subject line "Fight for the xхxxхxxхxxхxxхxxхx v xхx xхxX-number" suggests a formal legal process, and the reference to UDRP rule 11 reinforces this. It's important to note that UDRP proceedings typically require careful adherence to procedural rules and timelines. As the defendant, you should take prompt action to ensure compliance with any requirements related to translation and communication.

Regarding the reemergence of the domain in a different top-level domain (.net zone), it's essential to consider the broader context of its usage and content. The absence of trademarks in the domain name does not necessarily preclude the possibility of trademark infringement or other legal issues, especially in the context of the domain's previous association with a specific non-profit organization and its mission.

The inclusion of AdSense on the domain raises additional legal considerations. While the subject matter may be non-commercial, the use of AdSense implies a potential for generating revenue from the domain. This could impact the assessment of the domain's use and the potential implications for its legal status in the context of a dispute resolution process.

Ultimately, it's crucial to seek legal counsel from a qualified professional with expertise in domain disputes and intellectual property law. They can provide tailored guidance based on the specific details of your case and help navigate the complexities of UDRP proceedings and related legal considerations. It's also important to approach the situation with a clear understanding of your rights and obligations as the domain owner, and to proactively address any potential issues that may arise from the domain's history and usage.
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