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Experience with Fighting Domain Farming

Lost_my_regs writes "I had a .com domain name relevant only to me, no legal trademark, registered and hosted at a provider that went bust. When attempting to re-host the domain I discovered, to my unpleasant surprise, that the domain is now registered by a domain farming company (name removed). My question is: Is there any way to claim back my domain?"

7 of 259 comments (clear)

  1. Re:Buy it by klenwell · · Score: 4, Interesting

    Sadly, as long as pretend-to-do-no-evil giant Google keeps encouraging and rewarding these shady practices, us regular guys are utterly powerless. It would take a tremendous concerted effort to outvote Google with our pitiful dollars.

    I agree this is the crux of the problem. I wish Google would move against domain farming, but as parent points out, they're the industry leader.

    Had a similar thing happen to me with a domain which I was using much like the OP. I had the .com version -- wasn't commercializing it in anyway. Let the registration lapse and it got vacuumed up by a domain farmer. I just registered the .net version. Then after a year, after the farmer probably lost money on it, the .com domain was free again and I re-registered it for a longer period with (what I hope is) a more reliable registrar, Yahoo.

    --
    Innovation makes enemies of all those who prospered under the old regime... -- Machiavelli
  2. Please Clarify by chill · · Score: 4, Interesting

    Names are registered with Registrars. Hosting is done at ISPs. Are you saying your now-defunct ISP where the site was hosted was also a Registrar?

    If that was the case, when your site was registered was it in your name or the ISP's name? Who was Technical contact, you or the ISP?

    If it was in the ISPs name and they went defunct and were bought, then you're screwed.

    --
    Learning HOW to think is more important than learning WHAT to think.
  3. Re:Ask nicely by justfred · · Score: 5, Interesting

    Back around 2000, my domain name, www.sideshowfreak.com, was at Netcom, and they somehow managed to drop it in the middle of a back-end transfer. I found out two weeks later when my emails stopped coming.

    I did what you suggested, asked nicely, offered to double his transfer expenses, explained that I was setting it up for some friends doing a circus.

    He was a total and complete jackass. Hurling obscenities, suggesting unreasonable prices ($100,000). I gave up. It wasn't worth the effort or the agony. I did manage to call his mom, who had the phone number that the account was registered to - the guy was in college and didn't have a phone. The poor woman sounded like she had had this conversation dozens of times. "Please, I don't know why my son is doing this, can you speak to him and ask him to stop, I'm getting so many calls, he's just out of control..." Eventually he anonomized the whois.

    That domain name is STILL hosted by a domain name farmer - don't know if it's still him. I expect whoever it is uses some metric of number of hits to determine how valuable a name is, so listing it here might bump up its value.

    Domain name farming should be killed. If you're actually using a domain, fine. But if you're just holding it waiting for someone to pay an unreasonably high price, someone with a legit claim (say, the previous owner) should be able to snipe it back.

  4. Re:In a word, no by nametaken · · Score: 4, Interesting

    I was wondering myself about how this happened to the poster. I assume they used a host and ALSO used the host to do the domain registration.

    I've always used a separate registrar from the hosting co's. The sad fact is every jerk in the world is a hosting provider nowadays, but you know some hosting co's and registration co's aren't going out of business any time soon. Sometimes that means spending $10/yr instead of $6/yr for the domain, and then do your bargain hunting for the hosting. The name can be important... where it's hosted is a much more flexible affair.

    So to the poster... make it a lesson learned, you're not getting the name back.

    The most important part, perhaps, is that there are reasonable ways to make sure this doesn't happen... WE DON'T NEED MORE RULES AND REGULATIONS!

  5. One way to get it back.... by pokopoko3k · · Score: 4, Interesting

    A friend missed renewing her domain and it was snatched up instantly by a farmer who wanted her to make an offer to reclaim it. it was definitely a unique name that would be of no use to anyone who didn't have her (very unusual) name and her line of work.

    A lawyer friend sent a letter to the new owner, basically saying the obvious: you have no use for this domain, and you need to give it back or we'll come after you.

    The company returned the domain to her instantly, with apologies for their "mistake".

    I'm sure the letter arriving on stationary from a huge, powerful international law firm didn't hurt.

    Anyway, what they are doing is obviously cybersquatting, which is illegal. And if they're trying to make a quick buck here and there, they certainly can't afford to defend themselves against thousands of lawsuits.

    --
    there is only the door, the door, the door.
    1. Re:One way to get it back.... by phoenixwade · · Score: 4, Interesting

      A friend missed renewing her domain and it was snatched up instantly by a farmer who wanted her to make an offer to reclaim it. it was definitely a unique name that would be of no use to anyone who didn't have her (very unusual) name and her line of work.

      A lawyer friend sent a letter to the new owner, basically saying the obvious: you have no use for this domain, and you need to give it back or we'll come after you.

      The company returned the domain to her instantly, with apologies for their "mistake".

      I'm sure the letter arriving on stationary from a huge, powerful international law firm didn't hurt.

      Anyway, what they are doing is obviously cybersquatting, which is illegal. And if they're trying to make a quick buck here and there, they certainly can't afford to defend themselves against thousands of lawsuits. Either you left out an important bit of information in your anecdote, the "Cybersquatter" blinked in the game of chicken, or this is a cute story that propagates a myth.

      I can register any domain I want (and do look at the recently available lists most registrars offer to their clients) without any legal ramifications... The only time it's illegal, as I understand the rules, is when a domain is grabbed up with the intention of profiting off of someones trademark and bad faith registration can be demonstrated (I remember the Mike Rowe Soft thing from a few years back... He was fine until he offered to sell the domain to Microsoft, at that time, the extraordinary fee (Several grand for the domain I believe) was proof of bad faith...
      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
  6. Re:In a word, no by nametaken · · Score: 4, Interesting


    If I let one of my domains expire, it's really none of my business who or why it gets picked up afterwards. All I need to know is that I let it expire.

    If I don't like that GoDaddy picks them up after expiration... then I shouldn't use GoDaddy. If I use GoDaddy, and it gets picked up by them after I willingly let it expire, it really isn't your place to complain that you can't have it. It was never yours, and you're not entitled to it. Sorry.

    The fact that someone bought the domain you want and put ads on it may tick you off... it's happened to me... but I don't think it's illegitimate. So long as they're paying for the name and hosting, I don't get to cry foul. Similarly, if I buy a site and put a lame site up that maybe only three people in the world are interested in, tough... that's my business.

    Again, we do not need more rules and regulations.