Actually, NameCheap is still an eNom reseller. They're keeping that together with their registrar accreditation.
In fact, do a WHOIS lookup on their domain name itself and you'll see it's still with eNom. In that link you posted, they explained a little more on reply #8 or so.
you think you can put up a lot of pics of you and call it faceof me ? wait until someone trademarks it in that field. or yet, wait until some corp patents the blog concept. or word blog. or any technologies underlying it.
Let them try, then. There are checks and balances inspite of seeming things to the contrary.
One thing to remember is that common, dictionary words cannot be used as trademarks in what they're "commonly" or what their dictionary meaning know them for. But they can become such if used distinctively or outside their common or dictionary definitions.
Don't we all live in the real, tangible world where it's filled with products and services using common, dictionary words? Surely some of us load gas at Shell...wash our clothes with Tide...buy a Brothers printer...use Windows (well, some) in our laptops...eat at Pizza Hut...the list goes on and on, and many of us buy those products or services!
Unfortunately I'd agree all this furor seems to be over largely ignorance over how trademarks work. And that's inspite of some folks trying to "reasonably" explain how and why all this occurs.
Rather than be angry over something arguably trivial, why not take some time to learn how this works? Or I guess it just feels more convenient and better to complain while not the least bit interested?
I'm going to assume you are running for office. You used many words to say exactly nothing.
I'd like to run for office, but my wife won't let me. Whether people consider many words to have some or no meaning is up to them to decide, although I'm trying to be realistic because there have been real-world developments on this.
The anti-cyber-squatting act of 1996 allows domains to be stolen. If I wanted your domain, I'd register a trademark on the bit before the dot-com, then steal the domain from you. THAT FORM OF THEFT IS WRONG.
A kitchen knife is generally used to cut food, although it can be "abused" as a murder weapon.
While there are various decisions mostly in favor of trademark holders, having a trademark is still no guarantee you'll get the domain name. But I do heartily agree it's "wrong" to use it to overreach in certain cases.
If things are black and white, we'll probably have less problems to worry about.
When a person pays for a domain name, they pay for it. A registrar disabling it is a breech of contract, and should be a capital crime. I've had my domains disabled for ticking off powerful career criminals (e.g., Orin Hatch)
You seem to think registering a domain name gives you an absolute right to it. Someone else thought that and sued the registrar when they put parking pages on the domain name:
The two parties eventually settled, though. And the registrar has rewritten their agreement since then.
Your rights are limited by your registrar's agreement. Breaking any of its terms (or breach of contract, as you mentioned earlier) can be grounds for the registrar to "take the domain name away from you" and terminate your account.
I worked with a registrar in a previous life and am now an average domain registrant, so I do know what it's like on both sides.
We need a first-come-first-serve system. No trademarks should be used to steal domain names.
We need an absolute guarantee of ownership. We must not let registrars steal domains, and we must not let bribes influence registrars they way that Wolfram Publishing bribed DirectNic.
We must make this independent of the insane losers in the US Govt who are about to cause the total collapse of the US Dollar.
It's always been a first-come-first-serve system. I agree that trademarks shouldn't be used to "steal" domain names, but domain names bearing trademarks shouldn't confuse consumers either.
While it's nice to have some form of "absolute ownership", no registrar is foolish enough to do that over a mere $7-$10 a year contract, much more assume the inherent legal risks for you. Various registrars generally won't "steal" domain names, but that's probably dependent on how one defines that word in quotation marks.
Some people actually want the US government to get involved, which might or might not improve things the way they are. Currently the domain name registration system is "independent".
It's hard to see how ICANN sees nothing wrong with that.
ICANN said they found no evidence of domain front running in those 120 cases submitted. It's
rather tough to see if something is wrong if they don't have proof of seeing it happen.
Problem is, how can one see if someone else other than you and the registrar is eavesdropping?
While I understand the desire to impose certain limitations on usage, number of registrations, and what not, inevitably you're going to have issues with different and competing interests. More so those who have no obligations with any of you.
Naturally if you don't care about their interests, they won't care about yours. Trying to listen and mediate viewpoints from different parties is no fun.
I'll simply add to the OP that unless you have an existing trademark and are able to demonstrate the registrant of the domain name is infringing it, you have no enforceable claims. But...a few others I've read here offered possible out-of-the-box solutions, which might or might not work.
At the end of the day, folks, it boils down to knowing what you're getting yourselves into and what your rights are. Until you run your own registrar, however, your rights are essentially dictated by your registrar's or reseller's contract.
Believing you have a right is one thing. Being able to enforce it is another.
Whatever the OP decides, I wish him/her well on their ventures.
Unfortunately you likely won't have a choice. You'll have to move them out as soon as Go Daddy notifies you when you'll be able to access them.
Hopefully their arbitrary 60-day internal rule won't apply for these domain names. I'd imagine it'll take all 850K to make their message known.
How about, "All domain names are the property of their respective owners, and upon disreditation of a registrar ICANN will immediately move affected domains to an accredited registrar, from which the domain owner can further transfer their domains, if desired."
Not going to happen, especially when your registrar's contract defines your legal relationship to begin with.
I realize people expect a lot from ICANN. But perhaps they ought to understand first what exactly they can and can't do, and why.
Or do people generally not care except getting results?
For one thing, domain owners whose domains are now administered by GoDaddy have no contractual obligations to GoDaddy.
Go Daddy will likely require the user to click the box beside "I have read the registration agreement and agree to its terms" before being able to log inside your domain name account with them. I'm sure getting a lawyer involved will not change that either.
I guess it's easier and more convenient to think Network Solutions is "holding your domain name hostage". But without further specifics, it's really hard to say what is really going on with your case.
I don't know why you're having that problem. But I'll suggest the following:
1. Make sure your domain name is eligible for transfer. (e.g. it's paid, email address on record is valid, unlocked, got correct auth code.)
2. Start and fully confirm the request with the gaining registrar (Joker). Depending on how they go about it, Joker might ask for the code when you start the online method or when they send you the auth email requesting approval.
3. Confirm request with the losing registrar. While this is optional, doing this will speed up the process a bit.
There's also a possibility they're not getting the emails. It's really hard to say at this point.
The important thing is to make sure you've completed and confirmed the transfer with Joker, and the domain name is unlocked the whole time.
Click my name to contact me if you need help. I can't promise miracles, but I can see what feedback I can possibly give.
charging a credit card and not providing service? Sounds like fraud to me. The first thing you do is charge back on the card.
In some cases that's reasonable. But not always for domain matters.
We're so far assuming fraud from what the OP has stated. But unless more specifics from all parties concerned are provided, no one can 100% accurately say such indeed occurred in that "case".
Unfortunately that's not always easy if one party isn't cooperative. But if they're willing to shed light, then maybe we can figure it out.
But again, disputing a credit card charge is the last thing you want to do when it comes to domain name matters. The most important thing for now is to get the name renewed somehow, the rest can be dealt with later.
I'm honestly surprised at many of the answers here. While I understand their feelings
about this topic, many of them can actually do more harm than good.
I'm going to add my answers in the hopes of providing an explanation. Some of you don't
have to agree with what I'm about to say, but I assure you this is based on how it works
having been on both sides of the fence.
First, this is a reality each and every one of us has to expect: your provider can be
bought out by another. Any business is negotiable, especially if the price is right.
We've got a lot of Mergers & Acquisitions (M&A) going on for the past 2 years. Last I
checked one registrar bought about 2-3.
One problem with these M&As is that things can go haywire when they finally start trying
to make domain names with registrar (or reseller) A work with the systems of registrar
(or reseller) B. No one knows if extensive testing was done, but this is definitely a
requirement to ensure problems are kept to a minimum if not completely eliminated (the
latter's better, of course).
As that reader complained (whoever s/he was), they never got the domain name to work
with their systems (especially billing). So the reader couldn't unlock it nor renew or
whatever.
I have an idea who this company is. And their circumstances is rather...unique.
The reader can complain to ICANN. Although ICANN doesn't get involved in
individual customer complaints with registrars, similar to the FTC they monitor registrars'
"trends" for any consistent patterns they detect and take it up with them.
To those who suggested disputing the credit card charges: I hate to say this but that
should be a LAST resort. Domain registrars treat credit card disputes and chargebacks
VERY seriously (especially fraud cases).
The moment they receive notice of such, they'll immediately lock up/suspend any domain
name account/s whose first and last name matches that of the disputed credit card. I
know it's unfair for many of you, but you have to realize that domain registrars, like
any other business, have to protect themselves as much as possible.
Tell you what: if you've got the reader's contact details (or know the reader), ask him/her
to contact me via email at DaveZan AT DaveZan DOT com (just change AT to @ and DOT to.). I can't
promise miracles (no one can except God), but I can offer suggestions and alternatives
based on whatever specific details I'm provided.
If the registrar's who I think it is, I might even know one of their people. But again,
I need specifics.
GoDaddy held my domain hostage because they decided some of the registered information on the account was invalid, and I had failed to fix the info within 2 weeks of some emailed notice (which I never received). I told them that domain names are an Intellectual Property that is recognized worldwide on WIPO treaties and that you need a court order to expropriate one. They closed their service on me and held the domain hostage for over one month
Every registrar must ensure the domain name's contact details are updated and accurate as one of their agreements with ICANN. Failure to ensure means ICANN can yank their accreditation.
Pardon my ignorance, but why does Go Daddy need a court order to "expropriate one"? Their legal fine prints give them the right to yank the domain name if you don't respond to their invalid WHOIS report timely, every registrar has this right.
You don't have to like with their terms, of course. But you do agree to them the minute you checked the box beside the "I have read the Service Agreement and agree to its terms".
Like someone else said here, simplest solution is not to use them.
Well, tons of people here have posted this and that about the thread. I'd like to add mine for what it's worth.
Oh, and I'd like to say "Hi!" to everyone here, too. First time aboard.:)
If you really feel you deserve the domain more than its current registrant, then it's your burden to prove it. Granted it's not easy, especially for those with limited funds.
Disputes happen every day. That's what courts and mediators are for.
Slashdot Mirror
Just curious, why is GoDaddy switching from Linux to MS a reason not to use them? Or is there no reason, was this just a mindless anti MS sentiment?
Heh, it's a choice, I suppose.
Actually, NameCheap is still an eNom reseller. They're keeping that together with their registrar accreditation. In fact, do a WHOIS lookup on their domain name itself and you'll see it's still with eNom. In that link you posted, they explained a little more on reply #8 or so.
NO. And they never claimed that.
you think you can put up a lot of pics of you and call it faceof me ? wait until someone trademarks it in that field. or yet, wait until some corp patents the blog concept. or word blog. or any technologies underlying it.
Let them try, then. There are checks and balances inspite of seeming things to the contrary.
One thing to remember is that common, dictionary words cannot be used as trademarks in what they're "commonly" or what their dictionary meaning know them for. But they can become such if used distinctively or outside their common or dictionary definitions.
Don't we all live in the real, tangible world where it's filled with products and services using common, dictionary words? Surely some of us load gas at Shell...wash our clothes with Tide...buy a Brothers printer...use Windows (well, some) in our laptops...eat at Pizza Hut...the list goes on and on, and many of us buy those products or services!
Unfortunately I'd agree all this furor seems to be over largely ignorance over how trademarks work. And that's inspite of some folks trying to "reasonably" explain how and why all this occurs.
Rather than be angry over something arguably trivial, why not take some time to learn how this works? Or I guess it just feels more convenient and better to complain while not the least bit interested?
Sheesh.
I'd like to run for office, but my wife won't let me. Whether people consider many words to
have some or no meaning is up to them to decide, although I'm trying to be realistic because
there have been real-world developments on this.
A kitchen knife is generally used to cut food, although it can be "abused" as a murder weapon.
While there are various decisions mostly in favor of trademark holders, having a trademark is
still no guarantee you'll get the domain name. But I do heartily agree it's "wrong" to use it
to overreach in certain cases.
If things are black and white, we'll probably have less problems to worry about.
You seem to think registering a domain name gives you an absolute right to it. Someone else
thought that and sued the registrar when they put parking pages on the domain name:
http://www.courts.state.ny.us/reporter/slips/13230.htm
The two parties eventually settled, though. And the registrar has rewritten their agreement
since then.
Your rights are limited by your registrar's agreement. Breaking any of its terms (or breach
of contract, as you mentioned earlier) can be grounds for the registrar to "take the domain
name away from you" and terminate your account.
I worked with a registrar in a previous life and am now an average domain registrant, so I do
know what it's like on both sides.
While it's nice to have some form of "absolute ownership", no registrar is foolish enough to do that over a mere $7-$10 a year contract, much more assume the inherent legal risks for you. Various registrars generally won't "steal" domain names, but that's probably dependent on how one defines that word in quotation marks.
Some people actually want the US government to get involved, which might or might not improve things the way they are. Currently the domain name registration system is "independent".
Problem is, how can one see if someone else other than you and the registrar is eavesdropping?
While I understand the desire to impose certain limitations on usage, number of registrations, and what not, inevitably you're going to have issues with different and competing interests. More so those who have no obligations with any of you.
Naturally if you don't care about their interests, they won't care about yours. Trying to listen and mediate viewpoints from different parties is no fun.
I'll simply add to the OP that unless you have an existing trademark and are able to demonstrate the registrant of the domain name is infringing it, you have no enforceable claims. But...a few others I've read here offered possible out-of-the-box solutions, which might or might not work.
At the end of the day, folks, it boils down to knowing what you're getting yourselves into and what your rights are. Until you run your own registrar, however, your rights are essentially dictated by your registrar's or reseller's contract.
Believing you have a right is one thing. Being able to enforce it is another.
Whatever the OP decides, I wish him/her well on their ventures.
Given that, who do you suppose are their "customers"?
Unfortunately you likely won't have a choice. You'll have to move them out as soon as Go Daddy notifies you when you'll be able to access them. Hopefully their arbitrary 60-day internal rule won't apply for these domain names. I'd imagine it'll take all 850K to make their message known.
I guess it's easier and more convenient to think Network Solutions is "holding your domain name hostage". But without further specifics, it's really hard to say what is really going on with your case.
I don't know why you're having that problem. But I'll suggest the following:
1. Make sure your domain name is eligible for transfer. (e.g. it's paid, email address on record is valid, unlocked, got correct auth code.)
2. Start and fully confirm the request with the gaining registrar (Joker). Depending on how they go about it, Joker might ask for the code when you start the online method or when they send you the auth email requesting approval.
3. Confirm request with the losing registrar. While this is optional, doing this will speed up the process a bit.
There's also a possibility they're not getting the emails. It's really hard to say at this point.
The important thing is to make sure you've completed and confirmed the transfer with Joker, and the domain name is unlocked the whole time .
Click my name to contact me if you need help. I can't promise miracles, but I can see what feedback I can possibly give.
In some cases that's reasonable. But not always for domain matters.
We're so far assuming fraud from what the OP has stated. But unless
more specifics from all parties concerned are provided, no one can
100% accurately say such indeed occurred in that "case".
Unfortunately that's not always easy if one party isn't cooperative.
But if they're willing to shed light, then maybe we can figure it out.
But again, disputing a credit card charge is the last thing you want
to do when it comes to domain name matters. The most important thing
for now is to get the name renewed somehow, the rest can be dealt with
later.
I'm honestly surprised at many of the answers here. While I understand their feelings about this topic, many of them can actually do more harm than good.
.). I can't
promise miracles (no one can except God), but I can offer suggestions and alternatives
based on whatever specific details I'm provided.
I'm going to add my answers in the hopes of providing an explanation. Some of you don't have to agree with what I'm about to say, but I assure you this is based on how it works having been on both sides of the fence.
First, this is a reality each and every one of us has to expect: your provider can be bought out by another. Any business is negotiable, especially if the price is right.
We've got a lot of Mergers & Acquisitions (M&A) going on for the past 2 years. Last I checked one registrar bought about 2-3.
One problem with these M&As is that things can go haywire when they finally start trying to make domain names with registrar (or reseller) A work with the systems of registrar (or reseller) B. No one knows if extensive testing was done, but this is definitely a requirement to ensure problems are kept to a minimum if not completely eliminated (the latter's better, of course).
As that reader complained (whoever s/he was), they never got the domain name to work with their systems (especially billing). So the reader couldn't unlock it nor renew or whatever.
I have an idea who this company is. And their circumstances is rather...unique.
The reader can complain to ICANN. Although ICANN doesn't get involved in individual customer complaints with registrars, similar to the FTC they monitor registrars' "trends" for any consistent patterns they detect and take it up with them.
To those who suggested disputing the credit card charges: I hate to say this but that should be a LAST resort. Domain registrars treat credit card disputes and chargebacks VERY seriously (especially fraud cases).
The moment they receive notice of such, they'll immediately lock up/suspend any domain name account/s whose first and last name matches that of the disputed credit card. I know it's unfair for many of you, but you have to realize that domain registrars, like any other business, have to protect themselves as much as possible.
Tell you what: if you've got the reader's contact details (or know the reader), ask him/her to contact me via email at DaveZan AT DaveZan DOT com (just change AT to @ and DOT to
If the registrar's who I think it is, I might even know one of their people. But again, I need specifics.
Thanks.
Every registrar must ensure the domain name's contact details are updated and accurate as one of their agreements with ICANN. Failure to ensure means ICANN can yank their accreditation.
Pardon my ignorance, but why does Go Daddy need a court order to "expropriate one"? Their legal fine prints give them the right to yank the domain name if you don't respond to their invalid WHOIS report timely, every registrar has this right.
You don't have to like with their terms, of course. But you do agree to them the minute you checked the box beside the "I have read the Service Agreement and agree to its terms".
Like someone else said here, simplest solution is not to use them.
Well, tons of people here have posted this and that about the thread. I'd like to add mine for what it's worth. Oh, and I'd like to say "Hi!" to everyone here, too. First time aboard. :)
If you really feel you deserve the domain more than its current registrant, then it's your burden to prove it. Granted it's not easy, especially for those with limited funds.
Disputes happen every day. That's what courts and mediators are for.