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  1. #1
    "An Englishman In New York" TJ's Avatar
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    Need advice with EX stolen client domain
    I'll try to give as much info as possible, but I'm sure I'll leave something out cos I'm not good at relaying stories

    The story begins with a client, who we shall call Don. Don has an employee (Matt) create his website. Don has a dis-agreement with Matt and subsequently Matt quits taking the website and domain name with him. (We do have a copy of the site whew!)

    However, because Matt registered the domain name (which is the DBA of the Don's business) he keeps the domain. Don gets his attorney to send a cease and desist letter to Matt and Matt cancels the domain, however, the domain (registered at 1&1) is not available for Don to register.

    How should Don proceed? He has called 1&1 but they were less than helpful and they didn't seem to know what to do. GoDaddy says the name is not registered to anyone, it seems to be on-hold. It was due to expire in October of this year, but he doesn't want to wait until then.

    Any suggestions would be great
    Thanks!!

  2. #2
    "An Englishman In New York" TJ's Avatar
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    GoDaddy whois says
    % The data in the WHOIS database of Schlund+Partner AG is provided by% Schlund+Partner for information purposes, and to assist persons in% obtaining information about or related to a domain name registration% record. Schlund+Partner does not guarantee its accuracy. By submitting% a WHOIS query, you agree that you will use this data only for lawful% purposes and that, under no circumstances, you will use this data to% (1) allow, enable, or otherwise support the transmission of mass% unsolicited, commercial advertising or solicitations via E-mail% (spam); or% (2) enable high volume, automated, electronic processes that apply to% Schlund+Partner or its systems.% Schlund+Partner reserves the right to modify these terms at any time.% By submitting this query, you agree to abide by this policy.Domain DOMAINNAMEHERE.COM is not registered here.% See http://registrar.schlund.info for information about Schlund+Partner AG

    This domain is NOT Available

  3. #3
    "An Englishman In New York" TJ's Avatar
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    I also just did a whois at whois.sc and part of the record says
    Name Server: NS27.1AND1.COM NS28.1AND1.COM
    ICANN Registrar: SCHLUND+PARTNER AG
    Created: 30-oct-2003
    Expires: 30-oct-2005
    Status: REDEMPTIONPERIOD
    Redemption period? How long is the redemption period.... like 45 days or something? Can he get around this?

  4. #4
    Full Member SpikeDo's Avatar
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    I would think that 1and1 would not reassign the domain unless Don proved he was the owner. So how does he do that? Does he in fact own the domain? If the domain was purchased by the employee with company funds then the domain is owned by the company and Don has rights. Does he have a receipt from the registration? ICANN may be the venue to check out (http://www.icann.org/). If the domain was purchased with Matt's money, then it gets murky. To get the website back, if developed as an employee, Don would probably have to take Matt to court.
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  5. #5
    "An Englishman In New York" TJ's Avatar
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    Yeah Spikedo, it's a real sticky situation, Don is very hands off and didn't pay for the domain, Matt paid for it, but registered it with Don's business address.... I wonder if Don could just call and renew it with HIS credentials? Prolly not, huh?

  6. #6
    Full Member SpikeDo's Avatar
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    He could try but I'd be surprised if he could change it. By calling, he could at the very least determine from 1and1 what it would take for them to transfer the domain to him. He could also throw Matt a bone telling him that he'll pay Matt for his time to change the registrar information and supply him with the password. Might be the least cost and fastest solution.
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  7. #7
    "An Englishman In New York" TJ's Avatar
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    I was thinking that they prolly wont let him change the billing/login info.... Don will not call Matt, Matt wont return calls to Don if Don does call, so that method wont work. Don is going to try and get another 'specialist' at 1&1 and see what he needs to do... thanks for that suggestion I wonder if a copy of the attorney's letter to Matt will assist 1&1 in renewing the domain?

  8. #8
    I like traffic lights
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    If it's registered to his name/business address and is in "redemption period" then for a certain fee (US$250 approx IIRC) he can approached the CURRENT REGISTRAR and "redeem" the name.

  9. #9
    "An Englishman In New York" TJ's Avatar
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    Quote Originally Posted by Drewbert
    If it's registered to his name/business address and is in "redemption period" then for a certain fee (US$250 approx IIRC) he can approached the CURRENT REGISTRAR and "redeem" the name.
    I think it was registered in Matt's name at the business address now I come to think of it... is there a way I could find out who a domain USED to be registered to?

  10. #10
    I like traffic lights
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    The Registrar will know.

    You NEED to deal with them and you NEED to do it quickly. After the redemption period expires, it's a six day gap and then deletion occurs. Then it's first come first served, and if it's a decent name it'll probably go to auction and then you're competing with some people with serious wallet.

  11. #11
    "An Englishman In New York" TJ's Avatar
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    Yikes, the registrar appears to only have an office in Germany from what I've found so far... this could be tough

  12. #12
    ABW Adviser Panel Dynamoo's Avatar
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    TJ, send me a PM with the domain name and I can look up the history.

    Schlund + Partner AG are actually the same outfit 1&1 so you should go through their UK office in the first instance.
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  13. #13
    "An Englishman In New York" TJ's Avatar
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    Thanks Moo... PM coming

  14. #14
    ABW Adviser Panel Dynamoo's Avatar
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    PMed you back. It was registered to "Matt" - although peculiarly the Google cache of the site says it belongs to a "Michael".

    I can't actually see any backlinks to that site - it could be that the site will be low profile enough to slip under the radar of the expired domain dealers, should you wish to risk that.

    This is made more tricky by the fact that the domain has been cancelled, a very rare thing to do. Right now it's hard to see that it belongs to anyone at all.
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  15. #15
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    Not sure that this is will help, but they have the UDRP policy for resolving domain disputes: http://www.chillingeffects.org/udrp/

  16. #16
    "An Englishman In New York" TJ's Avatar
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    Quote Originally Posted by Dynamoo
    PMed you back. It was registered to "Matt" - although peculiarly the Google cache of the site says it belongs to a "Michael".
    Yeah, I changed the names to protect the innocent
    I can't actually see any backlinks to that site - it could be that the site will be low profile enough to slip under the radar of the expired domain dealers, should you wish to risk that.
    If we cant get resolution with the registrar, I'm hoping that along with this, the uniqueness of the name it will allow it to work out.
    This is made more tricky by the fact that the domain has been cancelled, a very rare thing to do. Right now it's hard to see that it belongs to anyone at all.
    I'm sure this was known by Matt, and that's why he did it this way.... he could have easily transferred it to Don

  17. #17
    "An Englishman In New York" TJ's Avatar
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    The only other factors from the whois, the domain was indeed registered to the business address and the business phone number - thanks Moo for that info

  18. #18
    "An Englishman In New York" TJ's Avatar
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    Issue Resolved!!!
    Hey, after numerous calls to the registrar, the domain has be removed from redemption (and $80 priviledge) and is back in service with it's rightfull owner.

    Thanks to everyone who helped us in this matter!

  19. #19
    ABW Ambassador DesignerWiz's Avatar
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    Glad it all worked out for you TJ.
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