Question on hiding my information when buying a domain

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CR-london

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Hello everyone,

This is my first proper post since joining this fantastic resource. I have a question I was hoping the community could help with. I'd like to purchase a domain name that is available right now but has an association with a large company. Surprisingly they never purchased it despite it being used as an indirect slogan for over 10 years. I don't want them to see any connection with me. Do these proxy services you can pay for work or should I use another domain service. Ultimately I'd like to think they would buy it and I'd use a broker. (I'd welcome any suggestions on that too). Hope that makes sense. I don't believe the words are copyrighted or globally trademarked as its more of a generic sentence like 'ILikeSaturdays". I have an indirect connection to the company hence my concern at being identified. Otherwise I'd have no issue in just purchasing it.
 
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You can purchase a domain with Domain Privacy so your information is hidden. I don't know in case of lawsuit your Registrar will not share your information, but you will be hidden in Domain Whois searches.
 
Unless this ‘indirect slogan’ has been trademarked by the company, it’s okay to register the domain. You wouldn’t have to, but if you feel like you want to stay anonymous, just get whois protection (should be applicable on most extensions).

PS. This is more of a personal experience rather than legal advice so do your own research.
 
It sounds like you're asking a few questions, so I'll address the purchase aspect.

Privacy protection doesn't figure into the actual purchase of a domain name. Yes, you can add it after a purchase , but it does not protect you from the reach of ICANN for a potential trademark infringement, should your "competitor" file a UDRP, so do your due diligence ahead of time to ensure that trademarks/servicemarks do not exist on the domain name of interest (USPTO, Trademarkia, Markify).

As for the domain name that you want to purchase, is it currently available to register? Or is it registered already and you are wanting to make an offer? This part was confusing.

If the domain name that you want to purchase is available to handreg, then you can just register it and add privacy protection as the others indicated previously.

If the domain name is already registered by someone else, then you can use a broker to intermediate for you, but be aware that you will be paying a broker's fee and also subjecting yourself to the possibility of a higher price you have to pay. (I always raise my asking price of a domain name to a broker as opposed to an end user). You'll have to decide if the higher price is worth the anonymity for the transaction, as opposed to you dealing directly with the current registrant.
 
am i the only one who always use fake data (name/address etc) when buying the domain? :D i dont really trust that whois protection.
 
Rains said:
am i the only one who always use fake data (name/address etc) when buying the domain? :D i dont really trust that whois protection.
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You do realize you can get prosecuted for this, right?
 
regarding hiding it : you can buy it using relatives/friends id, plus whois protection plus paying it with crypto

regarding the trademark : i believe the company operate in certain countries, plus each trade mark has certain limitation (like if you have the trademark in brand name you are not necessarily have it on website/book title)
 
golddeejay said:
You do realize you can get prosecuted for this, right?
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Actually, no. At least not in the U.S. All legislative attempts to make false whois data a crime have failed.

At most, the domain name (with the exception of some ccTLDs) s subject to deletion or suspension by ICANN (via the designated registrar) if a false whois is discovered. Those chances are dramatically increased if a complaint and/or UDRP is filed.

Personally, I wouldn't encourage the usage of false information for the whois, especially if the domain is a source of income for you.
 
HiPurple said:
Actually, no. At least not in the U.S. All legislative attempts to make false whois data a crime have failed.

At most, the domain name (with the exception of some ccTLDs) s subject to deletion or suspension by ICANN (via the designated registrar) if a false whois is discovered. Those chances are dramatically increased if a complaint and/or UDRP is filed.

Personally, I wouldn't encourage the usage of false information for the whois, especially if the domain is a source of income for you.
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My host sends me a message everytime asking to update my info and make sure these infos are not only up to date but also accurate. They explicitly state that failure to do this might lead to prosecution.
 
golddeejay said:
My host sends me a message everytime asking to update my info and make sure these infos are not only up to date but also accurate. They explicitly state that failure to do this might lead to prosecution.
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,
Sure, ICANN mandates the annual WDRP to your domain registrar, but, again, ICANN lacks any legal authority beyond the deletion/suspension of a domain name. Your host (domain registrar) is using whatever language to ensure compliance. Sounds like it's working. ;)
 
HiPurple said:
,
Sure, ICANN mandates the annual WDRP to your domain registrar, but, again, ICANN lacks any legal authority beyond the deletion/suspension of a domain name. Your host (domain registrar) is using whatever language to ensure compliance. Sounds like it's working. ;)
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LOL they got me good.
 
Thank you all for your feedback. Its all good information for me to consider.
 
HiPurple said:
It sounds like you're asking a few questions, so I'll address the purchase aspect.

Privacy protection doesn't figure into the actual purchase of a domain name. Yes, you can add it after a purchase , but it does not protect you from the reach of ICANN for a potential trademark infringement, should your "competitor" file a UDRP, so do your due diligence ahead of time to ensure that trademarks/servicemarks do not exist on the domain name of interest (USPTO, Trademarkia, Markify).

As for the domain name that you want to purchase, is it currently available to register? Or is it registered already and you are wanting to make an offer? This part was confusing.

If the domain name that you want to purchase is available to handreg, then you can just register it and add privacy protection as the others indicated previously.

If the domain name is already registered by someone else, then you can use a broker to intermediate for you, but be aware that you will be paying a broker's fee and also subjecting yourself to the possibility of a higher price you have to pay. (I always raise my asking price of a domain name to a broker as opposed to an end user). You'll have to decide if the higher price is worth the anonymity for the transaction, as opposed to you dealing directly with the current registrant.
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Thanks. This is actually a new domain that is currently available to register. It has never been registered before. I'd heard they were interested in having it but as they are big they are slow to move on things like this. Incredible I know. There doesn't not seem to be any trademark on it. My only concern is my connection to the company so I think I'll just get it registered in someone else name.

The broker piece came into it as they might reach out to purchase it from me in which case I'd rather have a 'middle man' even if I loose a cut in the process.
 
CR-london said:
Thanks. This is actually a new domain that is currently available to register. It has never been registered before. I'd heard they were interested in having it but as they are big they are slow to move on things like this. Incredible I know. There doesn't not seem to be any trademark on it. My only concern is my connection to the company so I think I'll just get it registered in someone else name.

The broker piece came into it as they might reach out to purchase it from me in which case I'd rather have a 'middle man' even if I loose a cut in the process.
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Gotcha.

So you can handreg the domain and add privacy protection. Set up the email forwarding so that you receive emails via the proxy address when someone checks the whois.

If the competitor does reach out to you by way of their own broker, then you're all set and you don't need a broker of your own. (Their broker is not legally allowed to disclose any confidential details to them).

If the competitor does reach out to you directly (to the whois proxy email address), you could employ a broker at that time for representation (DomainAgents, NameExperts, etc.).
 
HiPurple said:
Gotcha.

So you can handreg the domain and add privacy protection. Set up the email forwarding so that you receive emails via the proxy address when someone checks the whois.

If the competitor does reach out to you by way of their own broker, then you're all set and you don't need a broker of your own. (Their broker is not legally allowed to disclose any confidential details to them).

If the competitor does reach out to you directly (to the whois proxy email address), you could employ a broker at that time for representation (DomainAgents, NameExperts, etc.).
Click to expand...


Actually last question, would you recommend a registrar? I'm not sure if thats ok to say or not here but as its a once off I'm not married to any particular registrar.
 
CR-london said:
Actually last question, would you recommend a registrar? I'm not sure if thats ok to say or not here but as its a once off I'm not married to any particular registrar.
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Sure, that's fine to ask here, but because I have a contract rate with my registrar and I don't use privacy protection, I won't be a lot of help.

Many members here use GoDaddy, PorkBun, NameCheap, NameSilo, to name a few, but you can read this thread and ask your question there: https://www.blackhatworld.com/seo/help-domain-name-cheapest-registrar.1168634/

Also, with Black Friday almost here, there will undoubtedly be some promotional deals:

https://www.blackhatworld.com/seo/black-friday-2019-deals-thread-cyber-monday-2019.1166885/

https://www.blackhatworld.com/seo/black-friday-cyber-monday-2019.1168857/

Just be sure that if you do register the domain name at a promotional price, be aware of the renewal rate, since most registrars (notoriously GoDaddy) will inflate that price beginning in year 2.
 
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golddeejay said:
My host sends me a message everytime asking to update my info and make sure these infos are not only up to date but also accurate. They explicitly state that failure to do this might lead to prosecution.
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lol what host is that? They're going to prosecute you if you don't keep your info up to date and accurate? That's hilarious, really :)

They obviously don't want to keep their customers. Imagine emailing your clients and telling them if they don't keep their info up to date you're going to prosecute them!
 
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