# Domain Name Registration



## lightnb (Jun 16, 2002)

I want to register a domain name, but it is already taken. The issue is that it is registered by a company that collects domain names, with the intent to sell them at higher than market value prices. 

Currently, their site says "this domain name is for sale!", but they are asking a price that is much higher than fair market value.

The name of the site is my last name, and is also the name of my business, and i want to use the site for self promotion.

Isn't there some law that says a company can't just sit on a name, if they have no intent to use it, and if someone else has a legitimate use for it, and also a claim to it?

Thanks,

Nick


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## CoasterFreak (Aug 22, 2003)

I don't know. But this is a good topic. Because I'm having the same problem. I just never thought to ask on here. I hope someone on here can answer this.


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## namenotfound (Apr 30, 2005)

lightnb said:


> I want to register a domain name, but it is already taken. The issue is that it is registered by a company that collects domain names, with the intent to sell them at higher than market value prices.
> 
> Currently, their site says "this domain name is for sale!", but they are asking a price that is much higher than fair market value.
> 
> ...


I had the same problem, someone bought out all the domains with my last name (.com .net .org .biz .info .us etc...)

So I just added my first intinal to the domain and got one 

My (fake) name is abc defgh
so instead of defgh.com I got adefgh.com


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## Surreal2 (May 21, 2005)

Recent rulings have indeed taken a dim view of cyber-squatting. Of course, in most cases the 'victim' has been a large company with large resources to pay large lawyers' bills.

If it was me, first thing I'd do is find out which company registered the domain and contact them, demonstrating that it's my name/business name and seeing how they respond.

PS..I mean contact the domain registration company, not the person doing the squatting.


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## lightnb (Jun 16, 2002)

Thanks, sending them an email now...


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## Surreal2 (May 21, 2005)

lightnb said:


> Thanks, sending them an email now...


 :up: Good luck...please let us know how you get on as I'm sure many will be interested.


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## lightnb (Jun 16, 2002)

I did a Whois and found the company that owns it, but not who it was they registered with... where can I go to find the company that they are registered with? 

The current owner is "nucom".

thanks,

nick


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## brendandonhu (Jul 8, 2002)

Cybersquatting is not illegal unless you can prove they registered it in "bad faith". Basically, if they knew they were using your trademarked name, and their only intent was to sell it back to YOU by misusing that name. Since they registered the name first, and you went seeking for it, your chances of getting the name are slim to none. Especially since this is a last name probably found in a phonebook, its not illegal for someone to register/resell it. In most cases where ICANN transfers the domain back:
1) The CyberSquatter sends an email saying "I got your name and I'll give it back for $xxxx"
2) There's at least one major company involved, and a lot of lawyers

You can file to get your domain under the Uniform Domain-Name Dispute Resolution Policy with a lawyer, but you're probably better off choosing a different domain.


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## lightnb (Jun 16, 2002)

Couldn't "Bad Faith" be registering a multitude of names without know about you, but with the hope and the intent that one of them will be somone's desired name and that a they _will_ want it?

Don't you agree when you register with an authorized agency that you won't just sit on it?


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## brendandonhu (Jul 8, 2002)

No. Buying domains to resell them is not illegal.


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## lightnb (Jun 16, 2002)

For any amount they want? I got an email back from the owners saying it would cost somewhere in the upper hundreds.


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## brendandonhu (Jul 8, 2002)

They own the registration, and can sell it for any price they want.
Of course, you can barter with them and see if they won't give you a reasonable price. But by asking for info about the domain, they now know that you're interested in buying it & that its worth something.


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## AbvAvgUser (Oct 3, 2002)

I agree with brendandonhu. Squatting means something done in bad faith for undue financial gain and mainly of a trademark or something that resembles a trademark. But registering a domain name thats similar to a last name is not exactly squatting, unless you are a famous personality. There could be many persons with the same last name. Isn't it?


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## andrewfelix (Oct 5, 2005)

According to new US legislation buying and selling domain names that you do not intend to use is in fact illegal.

This is one factor in determining if a domain has been registered in bad faith:

_"Offer to sell the domain name without having used, or having an intent to use, it in the bona fide offering of goods or services, or a prior pattern of such conduct."
_

I've had bad dealings with this Nucom company. They have registered just about every four letter domain name under the sun.

I only hope that someone eventually has the resources to shut these guys down.


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## cheese (Jun 22, 2003)

How is it illegal? Theres legit forums everywhere that are dedicated on buying and selling domain names. They were just smart, and registered/bought the good ones.

I bought a domain i never plan to use, and just to sell. Why do you think there are parking/selling services such as Sedo, Afternic etc.


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## andrewfelix (Oct 5, 2005)

just read the link (thoroughly)

http://cyber.law.harvard.edu/property00/domain/legislation.html

*btw there have been several succesful actions launched against cybersquatting companies (Nucom is one of them).

These companies are not offering a service that people want or need. If you were to survey the world's internet users you would find the vast majority would not support profiting from sitting on unused domain names.

Many of these domain names will never actually be used because the people seeking them can't afford the fees charged by companies like Nucom. Many of these companies bluntly refuse to negotiate prices regardless of the circumstances.


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## brendandonhu (Jul 8, 2002)

They don't have to negotiate prices...they own the domain. Its there's and they can offer it at any price they want.


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## andrewfelix (Oct 5, 2005)

Yes, I think that's been established Brendan.


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## diegoid (May 14, 2007)

andrewfelix said:


> According to new US legislation buying and selling domain names that you do not intend to use is in fact illegal.
> 
> This is one factor in determining if a domain has been registered in bad faith:
> 
> ...


Solution: Park it. Or WhyParkit (whypark.com). Don't like that? Cloak it to an Affiliate URL.

Good Luck.


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