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Author Domain ownership laws?
Whittie
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Registered: 11th Aug 06
Location: North Wales Drives: BMW, Corsa & Fiat
User status: Offline
15th Oct 12 at 15:08   View User's Profile U2U Member Reply With Quote

Long story short, a domain .com and .co.uk set has been owned for some years for a respectable business.

Recently the .com wasn't renewed and now a porn site own it called upforit.com

Where would you stand in getting the site taken down as well as buying / acquiring the domain back?

Got the details of the owner, even though privacy was hidden.

Thanks
Rob_Quads
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Registered: 29th Mar 01
Location: southampton
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15th Oct 12 at 15:45   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Whittie

Where would you stand in getting the site taken down as well as buying / acquiring the domain back?




On what grounds are you expecting it to be taken down? It was not renewed so someone else bought it. You'll be hard pushed to get it back unless you have some very good reason like its a protected name or something.

You could approach them to try and buy it back but expect to be shafted.
Gaz
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Registered: 24th Aug 03
Location: Widnes, Cheshire
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15th Oct 12 at 17:45   View User's Profile U2U Member Reply With Quote

As I understand it though, if you did this to a well know brand then it would be taken from you... e.g. nike.com or next.co.uk
Speak to Nominet and see what your options are as they will be the ones that you'll have to deal with.
Neil
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Registered: 2nd Nov 03
Location: Newcastle Drives: E46 MSport Coupe
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15th Oct 12 at 18:12   View User's Profile U2U Member Reply With Quote

Nominet are .uk domains, not .com

I don't think you'll be able to get it back unless it's a trademarked name, a well known company or you actually buy it back off the company if they're willing to sell, but they might want a lot of money for it.
Sam
Moderator
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Registered: 24th Dec 99
Location: West Midlands
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15th Oct 12 at 19:45   View User's Profile U2U Member Reply With Quote

What Neil said TBH.
M2RTY
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Registered: 25th May 01
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15th Oct 12 at 21:28   View User's Profile U2U Member Reply With Quote

If the registrant registered the domain name before you had established your operation or, at least your reputation, then it may be difficult to prove cybersquatting through the dispute resolution arbitration process. Thi is particularly so if the domain name in question is a .com, .net or .org as for such domains, you need to prove not only that the use of the domain is in bad faith but also that it was registered in bad faith. However, with a .co.uk, this is not so crucial as it is sufficient if the use is in bad faith irrespective of the intentions of the registrant at the time of registration.
M2RTY
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Registered: 25th May 01
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15th Oct 12 at 21:28   View User's Profile U2U Member Reply With Quote

cybersquatting btw
Whittie
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Registered: 11th Aug 06
Location: North Wales Drives: BMW, Corsa & Fiat
User status: Offline
16th Oct 12 at 10:46   View User's Profile U2U Member Reply With Quote

As said, I can't go through nominet as they're .co.uk , wish there was a nominet of the .com world!

The porn site appear to be using the domain as a gateway to direct traffic to a number of sites on a commission basis.

Pretty sure it's a gonna.

 
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