legal advice, suing for internet domain ownership

Non-Allegiance related. High probability of spam. Pruned regularly.
KGJV
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Post by KGJV »

I'm contemplating the idea of suing someone for the ownership of an Internet domain.

I was wondering if anyone had any advice or experience on where to start and tips to succeed.
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DasSmiter
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Post by DasSmiter »

Finally gonna get a hold of that freeallegiance.org domain eh?
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sambasti
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Post by sambasti »

DasSmiter wrote:QUOTE (DasSmiter @ Aug 24 2011, 09:07 PM) Finally gonna get a hold of that freeallegiance.org domain eh?
It's funny, because that's what I was thinking too. :lol:
spideycw
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Post by spideycw »

are they just squatting on it or what?
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KGJV
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Post by KGJV »

no it's not freeallegiance.org

no they're not really squatting on it. they're even paying for it every year.
Some years ago I was the first to create and own that domain (and paid for).
For 'continuity of service' reasons, I shared the administrative account with them.
At some point they transferred ownership to them, I didn't care back then because they kept offering the same service under that domain.
They also changed the administrative account without sharing it with me, I didn't notice because I had no reason to use it.
Today we disagree on the 'service' offered under that domain.
I want to know if I have a valid claim to take back ownership and if so how can I do this, where to start.

I've googled a few about this but mainly found infos about 'disputes concerning trade names and domains'. not much about shared domains.
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madpeople
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Post by madpeople »

KGJV wrote:QUOTE (KGJV @ Aug 25 2011, 03:02 AM) At some point they transferred ownership to them
Depriving you of something you own without your permission sounds somewhat like stealing (disclaimer: not a lawyer, the law probably has a strict definition), the other party may argue you acquiesced - accepted by virtue of not protesting - to the transfer.

This is a situation where having having a proper contract between you and the other guy would probably have been useful.

I'd suggest asking a real lawyer, but I'm sure you already know us internet lawyers != real lawyers.
Last edited by madpeople on Thu Aug 25, 2011 12:30 pm, edited 1 time in total.
raumvogel
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Post by raumvogel »

Yea, I think madpeople has the answer. Sounds like a lot of fine print to mull over.
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Skeletor
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Post by Skeletor »

You need to speak to an attorney who knows and understands the finer points of this sort of situation. That's the only advice given in a gaming forum that you should be following regarding a legal matter such as this.
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notjarvis
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Post by notjarvis »

Kage is aware of that
There are several lawyers in the community though, and if they see this thread they may be able to give a more informed opinion.

I expect (from my uninformed laymans opinion that this is the key part
QUOTE At some point they transferred ownership to them, I didn't care back then because they kept offering the same service under that domain.[/quote]

How the transfer happened is probably the important part.
HSharp
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Post by HSharp »

I would have thought the "shared administrative account" might be the tricky part, it sounds like you gave them the same power you had which gives them the power to remove you.

I can see a two options

1) Lawyer which can lead to expensive civil suit.
2) Communication with the host, they might be able to return you to power and/or give advice on what can be done, might be better to do this first before hiring a lawyer as they are more likely to have experience in the situation.

An issue you need to look the payments, do you still share the payments or when/if you stopped paying.
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