[SGVLUG] flipping domain names - Re: sgvlug domain name

[Emerson, Tom (*IC)]

I'm sure this will get some discussion tonight, but in the mean time I'd
suggest a look at this page:

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

Which states in part:

     "a. Applicable Disputes. You are required to submit to a mandatory
administrative proceeding in the event that a third party (a
"complainant") asserts to the applicable Provider, in compliance with
the Rules of Procedure, that...

     "(iii) your domain name has been registered and is being used in
bad faith."

     "b. Evidence of Registration and Use in Bad Faith. ...

     "(i) circumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling, renting,
or otherwise transferring the domain name registration to the
complainant who is the owner of the trademark or service mark or to a
competitor of that complainant, for valuable consideration in excess of
your documented out-of-pocket costs directly related to the domain name;
or"


Since he low-balled this at $100, I have a feeling he can "document"
$100 worth of out-of-pocket expenses to "acquire" this domain mere hours
before offering it for sale...

OTOH, if he really did spend $100 to nab this, (or if he's expecting to
include the costs of defending the arbitration as part of those costs,
though I think we could fight that...) as mentioned, we don't really
"need" that domain, so he's stuck with it for a year...

[and if he sets up anything other than a "parking" page, we can come
back with some of the other "bad faith" provisions -- though if the
parking page has click-thru ads for revenue, we might even be able to
claim even that is in "bad faith"...]


> -----Original Message-----
> From: sgvlug-bounces at sgvlug.net 
> [mailto:sgvlug-bounces at sgvlug.net] On Behalf Of matti
> Sent: Wednesday, November 12, 2008 8:04 PM
> To: SGVLUG Discussion List.
> Subject: [SGVLUG] flipping domain names - Re: sgvlug domain name
> 
> 
> Hi!
> 
> I'm thinking this company is more of a flipper
> of domain names... tho i really haven't looked
> closely, I do know a lot of ISPs and companies
> do this sort of business. (buying domains and
> reselling them.)
> 
> 
> > > I'd say we force arbitration as this is outright
> > extortion, and we can
> > > show a LONG history of the .org/.net domains...
> 
> hmmm... what do we need to do to force arbitration?
> 
> if we need a lawyer, it will be cheaper to just
> buy it.
> 
> > Yep.  As Matti points out in another post, the whois entry 
> shows that
> > they registered sgvlug.com mere hours before they
> > approached him with
> > the offer. 
> 
> we could try to wait until it expires next year...
> 
> agreed we have been doing ok without it upto 
> this point...
> 
> best
> matti
> 
> 
> 
>       
>