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Filing a Domain Name Dispute?

0backlash0 writes "I work for a not-for-profit that's involved in community media especially radio, television, and increasingly, the internet. We exist by and for the community, which is to say that we're not a large organization. Someone has registered a domain name that we used to own: kdhxfm88.org The name appears to be registered in "bad faith". Because of our size, we can't exactly afford to hire a team of lawyers to take care of this for us. What can we do and how do we do it?"

8 of 227 comments (clear)

  1. BAH! by Narril+Duskwalker · · Score: 5, Funny

    Nothing like sufing slahsdot at work and having a URL that takes you to Euro Teen Sluts on the home page.. Thanks Guys!

  2. Coulda used a warning... by plaisted · · Score: 5, Informative

    I for one would have liked a warning that the current owners had set up a porn site on there. The post naturally makes one wonder what is currently on the site, and some people are going to check it out who would prefer not to end up at a porn site.

  3. You already have a perfectly good name. by td · · Score: 5, Informative

    You already own kdhx.org, and if that's not enough, neither kdhxradio88.org nor kdhxradio.org nor kdhx88.org is currently registered. You don't really need kdhxfm88.org, so if you forget it, the squatter will have wasted his money.

    (I see that he's put a porn pointer at the address . Is that what you're really upset about? That's a different question than the one you asked. If you're a nonprofit and you can't afford a lawyer, find out what `pro bono' means.)

    --
    -Tom Duff
  4. Re:Bad faith? Go And Look at the Url, sheesh... by ackthpt · · Score: 5, Insightful
    Like the subject says, the site now offers porn, not exactly a service to an public FM radio station. I'd call a .org site doing that a bit of a stretch, particularly because they're using the association of the radio station to sell porn.

    IIRC there's something in the ICANN guidelines about .org registers now necessarily being a non-profit, etc, etc. Perhaps someone could shed more light on this. Appeal, by all means.

    --

    A feeling of having made the same mistake before: Deja Foobar
  5. Re:"used to own" by startled · · Score: 5, Informative

    How the fuck does this qualify as insightful? Let's look at it again, in instant replay:

    "If you let the domain expire, and someone else registered it, I say you're going to have a hard time *taking it back* from its now-rightful owner."

    No, he's not going to have a hard time taking it back, because according to ICANN's UDRP, these other people are acting in bad faith-- they are not the "rightful owner" that you mistakenly assumed. The rules are easy to search, and are here: http://www.icann.org/udrp/udrp-rules-24oct99.htm. But I'll quote it for you, since I'm sure no one will actually go read it.

    Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular,

    (1) the manner in which the domain name(s) is/are identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

    (2) why the Respondent (domain-name holder) should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and

    (3) why the domain name(s) should be considered as having been registered and being used in bad faith


    So, seems pretty clear-cut here. Gee, you think the porn site's name isn't confusingly similar? You think they have legitimate interests in the name? You think they somehow weren't registering in bad faith?

    As long as I'm apparently the only person who bothered to do some research on this first, including the original submitter, why don't I point out the procedures spelled out in detail here. Note that the single largest roadblock for a small non-profit is going to be the $1500 fee. Is the domain name worth $1500 to you? If so, read up, and you'll probably get it after a few forms and a money transfer. If not, use one of the gajillion other names available to you that's easier to remember than kzhszdfwelsdafjsdfzlldfm.org or whatever.

  6. Re:The ? is... by mkelley · · Score: 5, Informative

    I remember a case where once the "squatter" offered to sell the name back to the owner, he lost all right to that name. So by offering the "buy this domain" link, they have forfeited there rights. Look here for more information. See the header "Bad Faith"

    --

    m.kelley
    life is like a freeway, if you don't look you could miss it.
  7. This happened to me also by httptech · · Score: 5, Informative
    I couldn't get my domain transferred to another registrar by Network Solutions because they delayed processing my transfer until after it expired, then told me I couldn't transfer it because it had expired!

    I decided to let the name expire and then re-register it with a better registrar. I thought it wouldn't be a problem, because it was an obscure name.

    Well, this same scumbag who took your old domain now has my old personal site, and is using it for porn ads. Apparently he is using a bot to repeatedly check for newly expiring domains, hoping to capitalize on the traffic from people's old bookmarks/search engine listings. I'm calling this "expire-squatting".

    I filed a complaint with the FTC because of this and because he was using hostile "mousetrapping" javascript code to force open new windows whenever you close one. The FTC had previously shut down another one of these jerks, so I thought it might help.

    Well, the FTC sent me back an email saying that they don't investigate individual complaints, but will act if they see a pattern of fraudulent behavior emerge.

    So, go report this at the FTC website, and maybe you can push this over the threshold for FTC action.

  8. Could this be a troll / spam article? by HEbGb · · Score: 5, Insightful

    If it is, it's one of the more ingenious.

    Sumbit a phony story to slashdot, making up some bogus story about a stolen domain name, set up a porn ad on the domain, and wait for the hits to roll in.

    Pretty smart. I bet these folks made a bunch of money from the posting of this article.