Someone bought my domain name and is hosting MY website - HELP!

ChristopherColumbus1492

ChristopherColumbus1492

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I recently took a new job and inherited this problem - just wanted to clarify this is not my fault and I completely understand how this should have been handled differently by those involved.

Basically, the company I work for purchased a bunch of other companies including their websites and domain names (says so right in the contract). For one website in particular (DA 25 - very significant in this niche) the previous domain owner never transferred the domain over to us and claimed that he didn't have access to his godaddy account. The guy who's position I recently took over decided to just wait for the domain to expire with the intention of purchasing it once it did. Within days of the domain's expiration, someone else purchased the domain AND BEGAN HOSTING OUR COMPANY'S WEBSITE WITH NOTHING CHANGED

The contact information in ICANN says the domain is registered under "Perfect Privacy LLC".

I assume that whoever hijacked the site/domain is breaking copyright laws and maybe some others but I really don't know for sure. Is this a legitimate legal excuse for fighting for ownership of the domain name? How would I go about fighting for control of the domain? ..I assume I should contact ICANN dispute resolution maybe?

Suggestions?

Thanks!
 
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I doubt you'll be able to get the domain, because technically eventhough it was in the contract, but it has never been transferred to you...

Since it expired and someone else registered it, the only thing you can argue is that he's hosting your content, basically copyright issue...Otherwise, I can't see how you can get the domain from the guy who legally registered and paid for it...
 
ChristopherColumbus1492 said:
I recently took a new job and inherited this problem - just wanted to clarify this is not my fault and I completely understand how this should have been handled differently by those involved.

Basically, the company I work for purchased a bunch of other companies including their websites and domain names (says so right in the contract). For one website in particular (DA 25 - very significant in this niche) the previous domain owner never transferred the domain over to us and claimed that he didn't have access to his godaddy account. The guy who's position I recently took over decided to just wait for the domain to expire with the intention of purchasing it once it did. Within days of the domain's expiration, someone else purchased the domain AND BEGAN HOSTING OUR COMPANY'S WEBSITE WITH NOTHING CHANGED

The contact information in ICANN says the domain is registered under "Perfect Privacy LLC".

I assume that whoever hijacked the site/domain is breaking copyright laws and maybe some others but I really don't know for sure. Is this a legitimate legal excuse for fighting for ownership of the domain name? How would I go about fighting for control of the domain? ..I assume I should contact ICANN dispute resolution maybe?

Suggestions?

Thanks!
Click to expand...

Is the name of the company (which has been protected via Trademark etc..) in the title of the domain?
 
Yep, the only way you can get it back is by Trademark. If the company isn't registered via trademark laws, you can't do anything, because the guy isn't breaking any laws. Copyright issues with the content? Well, I would really love you to prove that he is using your content. And even though, is it worth to bother with it through courts? I don't think it is.
 
I've known of guys that bought dropped domains and "rebuilt" old websites only to get cease and desist letters because the old websites they build contained current companies content.

Is it using your company's logo and IP?

-ThopHayt
 
If the site is valuable, make a proposal. It might be cheaper than trying to get it back by other means.
 
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