mikeybarnacron

Hi, I am in need of a domain name that is not being used and simply is forwarding on to another site nothing to do with the name. Can anyone point me in the right direction to how to obtain that domain if the current owner is uncontactible. The name of the domain is the name of my clients business who has registered it with companies house

Is there a usual proceedure for this kind of situation?

Any help with this would be most appreciated.

Mike

mxm

PM us with DN & we may be able to help in your quest

__________________
[SIZE="2"]WANT TO EARN MONEY?...TODAY! - 100 1000 10000 100000 GET LISTED GET LINKED GET PROFIT[/SIZE] or BUY YOUR STREET FOR XMAS!

EdPhillips

I'm assuming that this is a .uk? If not, your options are more limited as you can't get help out of Nominet.

When you say "the current owner is uncontactable" do you mean:

1. You've written to the WHOIS address and they haven't responded?
2. You've emailed something@thedomain.co.uk and they haven't responded? or
3. The address on the WHOIS is hidden/non-existent/junk?

If you mean (3) ask Nominet. They have rules about WHOIS data accuracy, and when people can withhold their information. However, there are no rules forcing a registrant to talk to you. You may just be asking them the wrong question - or they may fear the DRS (see below) and be nervous about making a response which would damage their position and be waiting for you to offer some money so it doesn't look as if they bought it "abusively" (in that sense, "abuse" has a special meaning in the DRS).

If the domain name matches your client's name, they may be able to do something through the UDRP (.com) or DRS (for .uk). But that will depend on who owns it now, and where it is redirecting to - for the DRS, read the help on www.nominet.org.uk/go/drs theres a lot there which explains it in some detail.

olebean

Ed

It is fine and dandy pointing out possible approaching to contacting owners of domain names, or encouraging people spend money on resolution services. You know UDRP and DRS are not as simple as you suggest. You haven't pointed out the owners of the domain could be using the domain name legitimately and his client could have little or no chance of gaining control over the contract!

It seems like a Nominet sales pitch.

Beasty

To be fair to Ed, I don't think he has any Nominet wares to sell any more. He's also right - the present system can lead to (understandable) paranoia about unsolicited approaches.

One would not get the owner of a trademark or copyright being fearful to even respond to enquiries - and for domains I think it is unfortunate that it is the case.

Anyway, good to hear from you Ed!

olebean

It was the historical similarities to Nominet providing unbalanced information on the DRS, which could be viewed as encouraging sales of the DRS.

I agree with much of what Ed suggested, but, the assumption is that they do not have rights, the DRS is risk free when doing something depends on many factors which includes how long the company existed (We do not know if it is an incorporated company). If it was a big company, it seems a "little late" to be seeking a domain name.

I'm also confused why a company would use someone to trawl the internet to gain information on how to contact the owner.

maybe a little late it is good to see Ed posting!

grandin

Indeed, don't knock Ed...

Ed are you posting in a personal capacity or as part of a new business venture? I realise you are not posting as a rep of Nominet as you left them sometime ago???....if in a personal capacity then I assume the domain world is an emotive interest for you..

Recommendation...Beasty is an IP lawyer and I am sure I will call upon his services at some point...maybe you should call upon his services now

How come jac is also back? Is Mike back?

Lee

__________________
Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance
student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

EdPhillips

Thanks for your comments.
As Beasty said, I've got nothing to sell, and in answer to Lee, no, I'm not setting up business as anything.

And yes, the registrant may be legitmate - that's why I was trying to distinguish between "can't contact because he's got a fake address" and "can't get a reply because I'm asking the wrong thing". Rightly or wrongly, users ascribe a huge amount of significance to a failure to respond...

grandin

I am not trying to be difficult when I say this and have no interest in dealing with any communications that went between us but can you tell me this:-

Does you previous contractual relationship limit you to any expressions made here, for example can provide us with your personal opinions on the state of rights protection and what weight will be provided to such matters at the international governance review?

I note that the MP invited to the Nomient's Governance review is the former secretary of state for trade and industry, is that right?

Lee

__________________
Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance
student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

grandin

on this note beasty...One would not get the owner of a trademark or copyright being fearful to even respond to enquiries - and for domains I think it is unfortunate that it is the case.

Is a complaint under a DRS deemed to be a threat....i.e. if a Trade Mark holder files a complaint could you take them to court for making empty threats or at the very least try and get them to retract the complaint with your own threat of legal action?

Lee

__________________
Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance
student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays