http://who.godaddy.com/WhoIs.aspx?domain=dandurusky.com&prog_id=godaddy

wtf? How can i get it back? Who is this company?

7/9/2008 8:22:01 AM

There used to be a lot of sketchiness with some registrars that would register the name on one of its books if you so much as looked it up and didn't order it from them. They just sort of hoarde them and auction them out.

I don't know what to do about it




ps. hi dan

7/9/2008 8:23:31 AM

hey how are ya?

http://www.keytlaw.com/urls/acpa.htm

7/9/2008 8:26:05 AM

who cares, you'll be in Australia soon.
They use completely different internets down there, so you can just register it again!

7/9/2008 8:50:30 AM

dandurusky.au ftw

7/9/2008 8:54:51 AM

i don't want that aussie crap, i'm an American!!!

7/9/2008 8:56:57 AM

yeah, well with that kind of attitude, they'll drag you out to the Outback in your first week and beat you to death with boomerangs

7/9/2008 9:06:03 AM

^Boomerangs aren't that good for beating. I'd think they would use didgeree doos (sp?) or just lock him in a cage with some rabid kangaroos.

7/9/2008 9:10:06 AM

pretty sure that with the anti-cybersquatting act stuff, if the person that owns the domain isn't named dan durusky and you are, you can get it back since your name is technically a trademark.

7/9/2008 10:38:51 AM

right, but who do i contact? from what i've read the company who owns it is shit and never responds to anyone... :/ I'll try of course.

7/9/2008 10:49:43 AM

yeah, you're screwed - you'll probably never get it back.
even if you do get in touch with someone, they'll probably ask for ~$250 to get it back, and even after that it's unlikely they'll give it to you

7/9/2008 11:00:18 AM

thats mean.

7/9/2008 11:16:00 AM

your name isn't technically a trademark unless you trademark it

7/9/2008 11:26:58 AM

ehh technically it can be depending on the context. You do not HAVE to trademark it. Same with copyrights. It just gets really hairy then when you are trying to take legal action if it is not registered officially.

[Edited on July 9, 2008 at 12:11 PM. Reason : ]

7/9/2008 12:10:51 PM

i think it makes it much harder to retrieve your name if you aren't anybody special, or if your name doesn't have a potential or significant monetary value or some reason. Barack Obama, for example, would have a case against some Joe Blow registering barackobama.com, but if your name is not really an asset, i doubt you'd have much traction getting it back

7/9/2008 12:26:52 PM

in order to be considered a trademark you have to show use of it. since the domain is already registered you're pretty f'd in terms of showing proof of use of your name as trademarkable.

7/9/2008 12:28:47 PM

yea. My band had calledtoarms.com for 2 years and someone let the payment lapse by like 2 days past the hold and some squatter snatched it up and for 3 years hasnt done anything with it but tried to sell it to me for like $2k the 2 times I asked. Since myspace is the way to go for bands these days I'm not that worried but it would be nice to have back.

It would be easy to show use with 2 albums and the fact that this company or whatever has no plan to use it based on their emails, however it is too common of a phrase to worry about trying to get it.

7/9/2008 12:39:26 PM

in order to be considered a trademark you have to show use of it. since the domain is already registered you're pretty f'd in terms of showing proof of use of your name as trademarkable.

7/9/2008 12:40:47 PM

^^^, ^ - Dan previously had it registered, but he let is lapse. So it could be argued that he was making use of it before

7/9/2008 12:44:29 PM

I am in this same boat.

Does anyone know of a debillitating spam list I can sign this guy up for right around the time of the expiration? I have a backorder on both of my .com and .net domains.

7/9/2008 1:46:20 PM

I'm gonna change my name to microsoft and then demand that name


even though they're already trade marked

7/9/2008 1:52:06 PM

If you can show prior use as well as show that they current owner doesn't have his own branding, file an ICANN complaint and do the paper work to get it transfered to you. All you'll have to pay is the cost the current owner paid to have it registered. All it takes is a little leg work.

7/9/2008 2:12:16 PM

might try that, I didnt know it had the potential to be that easy. (well not easy dealing with paperwork but I was thinking more actual legal stuff before)


[Edited on July 9, 2008 at 2:33 PM. Reason : ]

7/9/2008 2:22:00 PM

^ You only have to worry about legal stuff if they put up a real fight. You should be able to do just about everything via correspondence unless you're taking on a corporation that has something close to a legitimate claim to the domain. ICANN really does frown on domain squatters and will work with people who have legitimate grievances.

7/9/2008 3:02:20 PM

word. seeing as how they are right around 3 full years of the domain sitting there with nothing more than the default page I would imagine they dont have much of a claim, especially since it just "happened" to get picked up immediately after someone let it lapse.

7/9/2008 3:07:30 PM

so fucking what.

do a variation on your name

http://www.dan-durusky.net

7/9/2008 6:59:50 PM

Or just register it under the .name tld...

http://www.directnic.com/search/index.php?domain=dandurusky.name

7/9/2008 11:05:03 PM

or wait a bit, then pay $500k and buy me.dandurusky
http://arstechnica.com/news.ars/post/20080626-confusion-icann-opens-up-pandoras-box-of-new-tlds.html

7/10/2008 12:16:00 AM

Does anyone even use those extra tld's that were approved a few years ago?

7/10/2008 4:03:50 AM

i know one person who is using a .us for a redneck dog breeding operation


one other guy who is using a .info


that's about it.

7/10/2008 8:21:19 AM

Quote :

"On 7/9/2008 2:12:16 PM, darkone said: If you can show prior use as well as show that they current owner doesn't have his own branding, file an ICANN complaint and do the paper work to get it transfered to you. All you'll have to pay is the cost the current owner paid to have it registered. All it takes is a little leg work."

i'm trying to get a domain for work that's already registered. we're registered as a business and our name is registered too so we're trying to get this website

my problem is the word "the". for example, our registered name is "the dark one" and we have thedarkone.com registered but someone else has darkone.com registered, and isn't doing anything with it. there's a shitty website up with dead links and no content there - like a 5 minute job on frontpage.

where's this ICANN complaint supposed to be filed and if you could link me to any more info on this process, i'd appreciate it.

[Edited on July 10, 2008 at 10:30 AM. Reason : .]

7/10/2008 10:30:21 AM

http://www.icann.org/udrp/udrp-policy-24oct99.htm

its a lot of crap to read through but there it is.

7/10/2008 10:32:21 AM

thx

7/10/2008 10:38:18 AM