They are wanting their expired domain

woopwoop · Jun 25, 2007

Any help appreciated on this (especially if it has happened to you)

I registered a .co.uk domain, the day it expired back in February this year (4 months ago).

The domain suited a project I had in mind, plus it was a short pronouncable word.

I have done some work on development for the project, but have never put anything on the site (except a 'coming soon' page, which I put up yesterday)

What has happened is that about a week ago a letter came from a guy saying he was the previous owner and the following had happened:

1. He paid the registrar to renew the domain. He has proof of this. But they didn't do it.
2. He never noticed that the domain had expired because thedomain.co.uk was still forwarding to thedomain.com which it always did. (He also owns thedomain.com)
3. He didn't receive nominet's letter warning him of the expiry along with the chance to buy the name back for £80 - and he didn't get this letter because the registrar also didn't update his address.
4. He has contacted Nominet and they have advised him to contact me directly before 'taking it any further'

Now he has 2 limited companies it seems, the first being "domain" Ltd. (trading since 1997) and the second being "domain.com" Ltd.

When I bought this domain, I had no idea he existed.
His business is strangely web design and SEO

and I have no plan to use the "domain".co.uk in this area at all.

From the research I've done, including that for a trademark/design registrations I've made, I can't see that he has a legal right to this domain, which he is clearly implying in his letter.

My thoughts
Did he give up this right?
If it's the registrars fault, then maybe not.
You have to be pretty unlucky to have your registrar not renew your domain after you pay, then not update your address so the Nominet letter goes missing in the post, then not to notice through the expired/suspended states that your domain isn't working, then for a period of 4 months after this not even notice that someone else has your expired domain. Can this guy have a reasonable claim on this domain.co.uk
But he has contacted me 4 months after I bought this domain, so that doesn't seem like he's defending it too well, or even cared about the .co.uk
He still has the .com, so I am not stopping him from owning a .com version of his name.
I didn't register the domain in bad faith.
I've been working on a project. He says that he will reimburse the transfer fees but what about all my time working on this domain and planning the project.

If anyone has any thoughts or suggestions on this please let me know.
Especially if you have been through this, or know of any action Nominet has had with this kind of thing.

Thanks for any help

woopwoop · Jun 25, 2007

Anyone? with any tips?

More info, is that I just found out they have 3 Limited companies relating to this word, and 2 other domains that they own.

Companies:
domain Ltd
domain.com Ltd
domain.net Ltd

Domains:
domain.com
domain.net

The domain that I have is the domain.co.uk and all of these are/were forwarding to domain.com

I can't see why I have to give this .co.uk back. But would be nice to have feedback.

tifosi · Jun 25, 2007

Some dubious points here.

Once a name goes suspended the forwarding should stop due to zonefile exclusion... so there's negligence on their part.

4months? not noticing after 4days is reasonable, but still borderline.

Did he give up this right?
If it's the registrars fault, then maybe not.

It wouldn't IMO be looked at kindly. The registrar has a duty of care, and the old registrant has a duty to the registrar and Nominet to provide the correct information. It's in the Nominet contract.

You have to be pretty unlucky to have your registrar not renew your domain after you pay, then not update your address so the Nominet letter goes missing in the post.

No pro-forma invoice? No email to the registrant to indicate payment? Even if they paid why did they not check it?

then not to notice through the expired/suspended states that your domain isn't working, then for a period of 4 months after this not even notice that someone else has your expired domain. Can this guy have a reasonable claim on this domain.co.uk

Not IMO. He might have an issue with the registrar. Nominet and yourself have done nothing wrong. Nominet do in rare cases give the name back. But not to show action after 4months even though the primary domain is the com is negligent.

I've been working on a project. He says that he will reimburse the transfer fees but what about all my time working on this domain and planning the project.

Don't ignore him. Just politely decline his offer and state you registered the name in good faith according to Nominets t&c and have plans for the domain which would not be contrary to the original use. Also repoint him back to the registrar.

S

retired_member12 · Jun 25, 2007

If he's telling you the truth, then his claim is against his registrar, weakened somewhat by his lack of attention to the address and/or contact details matter(s).

Worried about a DRS? I wouldn't be, as the fool has given you all the info you need to demonstrate that the fault is elsewhere.

Interesting that Nominet recommended he contact you directly. Maybe they don't think he has any hope of getting it back!

I'd put something in writing to him, just to put you side of things on record BEFORE he thinks about DRS'ing.

Of course, don't let this stop you transferring it to your wife/partner/a.n.other like you were intending to do all the way along.

woopwoop · Jun 25, 2007

Thanks Tifosi and DT

Appreciate your help.

GWing · Jun 25, 2007

sounds like this guys is one 123-reg

you pays your money and you takes your chance,

Tell him to complain to the Hoff

Beasty · Jun 27, 2007

Aside from the dispute he has with his registrar - he (not his registrar) is a party to a contract with Nominet that obliges him to keep his contact details up to date. So if he did not get the letter from Nominet because they had the wrong details, that is his fault and no one else's. It clear from Nominet's Registration T&Cs 4.1.

So if the word is plain English word and you had no knowledge of his business before registering it, he really should be told to take it up with his ISP for compensation (depending on their contract) and leave you alone. Be very careful with your use though...

Of course, it is easy to see why he is not happy with things! :shock: and then :x

woopwoop · Jun 27, 2007

Thanks guys,

Appreciate the help. Especially the link to the clause in Nominet's contract.

The registrar he said has done this is NDO which aparently became Namesco
Has anyone else had a problem like this happen to them with these companies?

developdomains · Jun 29, 2007

i would tell him that his complaint lies solely with his registrar. If he indeed has not kept his details upto date and note recieved expiry notices, tough s***.

tell him to contract his registrar and leave you alone.

i had this same problem once, the guy told me that he'd sue. turns out he had a BT email address which he cancelled and he also moved house. I told him to shut it and never heard from him again.

just my 2pence!