We often have business owners and individuals contact us regarding someone "taking" their domain name. In all cases they are not our current clients, as if they were, more than likely we would be managing their domain name(s) for them. In any event it is very common for a domain name to be "taken".

In this article I will go over different ways on how a domain name can be "taken", - and that is the last time I will reference taken in quotes. Also, why someone would take a domain name, what you can and can't do about it, and who are the regulating authorities regarding domain name law.

Disclaimer: We are not giving legal advice nor are we establishing any sort of client relationship and the information on this website is for informational purposes only.

How is a domain name taken from me?

In the most common way a domain name is taken from you, it actually is not taken from you at all - you let it expire! When you register a domain name, you are only buying the rights to use that name. Domain names are very similar to telephone numbers. Who actually owns the number? Well what is happening is the domain does not necessarily assume ownership when it is not registered. Domain names are assigned, just like a telephone number. When your registration period expires, you lose your ownership rights and the domain expires, literally disappears. There is a record of its history but the domain name now can be registered by any registrar authorized to handle that extension (i.e. .com, .net, .us).

Registrars do not want your domain to expire without your knowledge. They will email you several times to let you know your domain is about to expire. But if you have an email on record with them that you no longer check or is not valid, their notification methods do no good. Now here is the variable; different registrars have different policies on restoring a domain name in its redemption period. The redemption period is up to 30 days after a domain name expires. If your domain name has expired and you are still within 30 days of expiry, contact your registrar right away.

The other most common way for a domain to be taken from you is by you not "locking" your domain name with your registrar. A domain lock means that in order to transfer a domain name, you must go through a validation and approval process. Unless serious fraud is in play a domain name can not be transferred without your knowledge when it is locked. If you do not have your domain name locked, anyone can request a domain name transfer from their registrar to yours. After a certain period of time has elapsed the domain name will automatically be transferred to their registrar in their name.

Why would someone want my expired domain name?

Expired domain names is a hot business. There is an entire industry based on purchasing expired domain names. The most common reason a domain name has a value after it has expired is because more than likely it has some sort of traffic going to it. It is very easy to turn any domain into a money making machine. How much money is the variable here. Ever go to a domain name that really has no content of its own? All they are is just a bunch of links going to other websites. Well when you click on these links the domain owner receives money from the advertisers that paid to be on that site. This is usually networked through larger search engines like Google, Yahoo, and MSN. Then it is broken down a little more to a domain name management company that will optimize the website for you with proper keywords and place the advertisements on them. These companies themselves are not bad at all, and keep in mind the person who bought your expired domain name is not bad either. If you have a house go into foreclosure and someone buys it at a bank auction, how can you be mad at he new owners?

Buying an expired domain and turning it into an advertisement driven website can net you anywhere from $5.00 a year to hundreds a month. The idea behind this is having dozens, hundreds or even thousands of these site generating a few bucks apiece.

Other than ill will or bad intent, that is why someone wants your domain name.

What can I do about someone taking my domain name?

As much as I hear this question asked, I still do not like giving the answer - not much. But really, it depends. First some law has to be established, and there are laws in the United States and International Law regarding domain names. Depending on the dispute will depend on the organization you contact. Generally there are three arenas you can take your fight, unfortunately they all can get costly. The first is filing a dispute with ICANN (International Corporation for Assigned Names and Numbers), they are the international organization that regulates and governs domain names. A little known fact is that when you register a domain name you agree to the arbitration process of ICAAN. You can also file legal pleadings in a court either on the grounds of trademark infringement under the or some other legal basis. The third arena is also arbitration but under the authority of the World Intellectual Property Organization.

Your best hopes of disputing a domain name is if someone has violated your naming or trademark rights. If you have a generic name or name based on geography, generic terms like fruit or tree species, such as http://www.myorangejuice.com/ your chances are slim unless you have that name trademarked in some fashion.

Since we are not lawyers and certainly not giving legal advice, here is a list of resources for you to check out:

ICAAN
"As a private-public partnership, ICANN is dedicated to preserving the operational stability of the Internet; to promoting competition; to achieving broad representation of global Internet communities; and to developing policy appropriate to its mission through bottom-up, consensus-based processes. ICANN, a public benefit, non-profit entity, is the international organization responsible for the management and oversight of the coordination of the Internets domain name system and its unique identifiers."

WIPO
The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.

15 U.S.C. § 1125(d) - Cyberpiracy Prevention

If you have had a domain name expire or had one stolen, you are welcome to contact us for a free consultation.

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