Can someone be forced to hand over a domain they are wasting?
May 16, 2008 by Mark O'Neill |By Mark O’Neill
Now here’s the situation. There’s a domain I’ve had my eye on for the past several years but the current owner has had an “under construction” sign on it for as long as I can remember. About two years back, I started emailing him, asking him if he ever planned to use the domain, and if not, would he release it back into the public arena so I can take it? I have some big plans for it if I ever get my hands on it.
At first he ignored me, but I can be a pretty persistent stubborn kind of guy when I want to be (just ask my former journalism professors). Eventually he emailed me back and told me rather irritably that he had no intention of doing anything with the domain but he planned to keep it nonetheless - now get lost.
Now to me this is inexplicable. Why keep a website domain if you don’t plan to use it? Why waste it? Why not release it back into the public arena so it can be claimed by someone else? But he wasn’t willing to explain his reasons and I suppose he doesn’t have to. If he wants to act weird, I guess that’s his perogative.
Now before anyone asks, I’m not going to name the domain. The domain owner and I are not getting along and naming the domain would just inflame things between me and him. But what I started thinking today is ‘can someone be forced into giving up a domain? If someone has a domain and they are needlessly wasting it, is there a procedure in place to force them to relinquish it? If so, what is that procedure? If not, why the hell is there not a procedure?’
If there is such a procedure, has anyone here been through such a procedure and what was the outcome?
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Unfortunately, there’s no other ways… at least, I don’t think so.
Give the guy a fair offer.
As Shakespeare put it, “What’s in a name?” With popular sites like icanhascheezburger.com that flaunts a misspelling, and the modern age of shorthand IM lingo like LOL bouncing around everywhere, you can’t just change the name up a bit and run with that?
You realize that domain names can be used for more than just web pages? Since you aren’t getting along anyway, why not port scan him, and if ssh, ftp, email or what-not are open, then he is in fact using the domain and not leaving it to languish.
And I know he said he wasn’t using/had no plans for the domain, but really, what he is doing with it is none of your business.
1) the domain name is unique and I really like it.
2) it really gets under my skin that he has sat on the site for years and has done nothing with it. That’s like putting a Aston Martin car in the garage for years and not driving it!
Don’t want to seem harsh, but you’re better then this I think.
Peace.
..Probably not, but that sounds like a kinda cool past time for when I get old.
Wait… isn’t that - life? LOL.
Seriously, this is a pet peeve of mine so just wanted to say thanks for bringing it to attention, for whatever it’s worth. Hope it all works out for you
This sets up an evil precedent. Imagine I’m a large company and I have data that shows the current usage of “Geeksaresexy.net” is needlessly wasting the names potential. The data shows that I could use the name 10,000 times more effectively. Imagine if I there was then a procedure where I could take it. Should I be able to take it?
I think “No”. I should have to negotiate terms with you.
I still think my first example was fine but here have another. Imagine you have a diamond. I nice rare cut that would be a perfect for a necklace. You keep it in a desk drawer. You never even look at it. Should I be able to get it just because you’re not using it?
Again, I think the guy should use it or give it up. But, I don’t think there should be a forced reclamation even if the guy never uses it.
Of course, I now know what google is, to google something.
It’s now a household name and may be in websters.
My point is, come up with somthing new, you don’t need to worry about competition, he’s not doing anything with it.
As such their are so many domain combination one can make. Try http://www.domainsbot.com - type a name, sit back and free results pop without a single click!
Calm down and search for a new domain
The domain guy looks more stubborn than you !
This is the same, exactly the same, as if you are my neighbor and you notice that my bike is just sitting there and I never ride it, so you ask if you can have it and I say no. Then you somehow think that you I must give you my bike, since I’m not using it at the moment. What if it’s a car sitting in my drive way, or what if I own a second home, you think you can just take that too?
I’ve got domains I’m not using at the moment. I hope you don’t want any of them.
Furthermore, you’re like stalking the guy. You have a relationship with him. He doesn’t have one with you. He doesn’t want to have anything to do with you. He doesn’t want to sell you the domain. Buy one with a different dot suffix, or stick a dash in the name, or get over it.
The whole debate is kinda creepy.
No. What’s more, now that you’ve expressed an interest you’ve made it a confirmed investment commodity.
“The world owes you nothing. It was here first.”
No, you should NOT be able to force the issue…….accept the fact and move on.
By the way I have several domains for sale…….lol
Eric
Then trademark your business name.
The existing owner of the domain name will be in violation of a trademark act and you could commence a proceeding.
And since no other business name is already registered that reflects the domain name in the URI, your case is as good as gold.
I also think it’s wrong for corporations to bully people out of domains that they registered for their own purposes, under the pretext that they could cause copyright confusion and dilute their brand. I’ve been bullied out of a domain in the past that had very little to do with the company’s brand name, just because I didn’t think it was worth paying lawyers to defend.
my daughter is a singing artist and I tried to register a domain for her earlier on and both the .com and .uk with her name in front has been taken, when I checked to see who by it is registered to a musician who offered her work recently (that could have made his music big in the industry) but she declined as she writes her own music anyhow.. so to spite us he has purchased both main url’s I would have used.. is there anything I can do about it? apart from find another name of course but this is just spiteful and ‘weird’
thankyou..