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UDRP/ICANN and trying to retrieve an expired domain

  • 16-06-2018 11:20am
    #1
    Registered Users, Registered Users 2 Posts: 11,211 ✭✭✭✭


    Is it worthwhile trying to retrieve a domain that has expired?
    Are UDRP/ICANN the correct body, and will they do anything?

    A friend of mine owned a domain for just over 20 years, Family issues including a death meant that he was unaware it expired in February.
    When he realised it last week he found out that a large Domain buying company now own it and are willing to sell it for €2000.

    The name isn't a great one, would be of very little (if any) use to anyone else and he really has only been using it as a (poor) billboard and for emails, as it is on Business cards etc.

    Worth trying to retrieve it (would he get it back), or just better off buying the equivelant .eu?


Comments

  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Leaving open for general discussion subject to forum rules


  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump


    Am not a legal person but my understanding is possession is nine-tenths of the law.

    Unless you have something that is trademarked (probably globally) and you can prove it, your only way to get it back is to buy it back.

    You can also try to catch it next time it drops, if it drops. There are specialised companies that will try to do this for you. Often these are the same companies that catch random names to squat on them


  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    Not really a legal issue: he let it expire, and did not re-purchase it during the redemption period (the 30 days after it expired). During this time, he got multiple email reminders, but did not respond to any of them. The reason why he did not respond is of no more interest to the domain registrars than it would be to the ESB, Eircom, Revenue Commissioners, etc.

    So someone else purchased it.

    If it's a .ie, then that someone had to prove to their domain registry that they have a connection to Ireland. (It's no longer required to prove that you have a connection to the words that the domain represents.)

    If it wasn't a .ie, then they just were able to purchase it, with no requirements to prove anything.

    Since the new owner has it up for sale, his options are to buy it, or to buy another one and change all his signage, business cards etc and update his contacts.

    If he didn't notice the domain, I'm guessing that he didn't pay much attention to GDPR requirements for his business either - depending on how he works, it may not be advisable to contact existing customers individually to tell them about the new addresss. Strongly suggest professional legal advice on this front.


  • Registered Users, Registered Users 2 Posts: 11,211 ✭✭✭✭Suckit


    If it's a .ie, then that someone had to prove to their domain registry that they have a connection to Ireland. (It's no longer required to prove that you have a connection to the words that the domain represents.)

    Thanks.

    I think that's where he thought he may have had any sort of case to argue.
    The domain was a dot com, and it had the word Ireland in it.
    He has bought the EU equivelant now anyway, so he will have to use that.

    He is not going to pay €2000 or even close to it for his original domain back.


  • Closed Accounts Posts: 1,124 ✭✭✭by8auj6csd3ioq


    It's no longer required to prove that you have a connection to the words that the domain represents
    what was that about. if joe bloggs wanted joebloggs.ie would his name be enough? But if the wanted joebloggsfoto.ie he should prove he was a photographer?


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    This post has been deleted.

    I thought that the rules had recently changed to "a connection with Ireland" or words to that effect.


  • Registered Users, Registered Users 2 Posts: 11,211 ✭✭✭✭Suckit


    This post has been deleted.

    Are you referring to dot ie or dot com?

    He had his business name and Ireland dot com in the url.

    The crowd that own it now are a domain reseller.


  • Registered Users, Registered Users 2 Posts: 40,638 ✭✭✭✭ohnonotgmail


    Suckit wrote: »
    Are you referring to dot ie or dot com?

    He had his business name and Ireland dot com in the url.

    The crowd that own it now are a domain reseller.


    that refers to .ie domains. the fact he has his business name in the url does not strengthen his claim on it.


  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    A registered business name is required unless it is your actual name.

    That is no longer the case.

    It used to be true (with some exceptions for the community sector) for .ie but that has been changed.

    It's never neen true for .com. eu .co.uk etc


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