Question

Topic: E-Marketing

How Can You Get Control Of A Strategic U R L?

Posted by Chris Blackman on 500 Points
A client has a product with a particular name and wants to register a URL with that name in the dot COM TLD.

Someone else with a totally different kind of business registered the name my client wants, but is no longer using it. Instead they use the same name at dot NET TLD - but they have no redirection to the dot COM domain name - and are prepared to sell or rent the name to my client for a fantastic sum of money.

We know when the name expires. (not too far away...) If we show no further interest I guess the current owner might not renew...

Question is - what is the best way to guarantee we can "swoop" on the wanted URL the minute it becomes free - and register it? Is there any kind of service that will watch for the name to lapse and jump in at the vital millisecond and make the registration for the client?

If there isn't, I'm guessing someone will now be thinking about how that COULD be done and offered as a valuable service!

Look forward to your advice, thanks...

ChrisB
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RESPONSES

  • Posted by mgoodman on Accepted
    I've done this for a client too. You sign up for the expiring domain name and if no one else wants it, you pay $60 for the service and you get it. If someone else is interested, then there's an auction, and the high bidder gets the name. In my client's case, another company was willing to pay more than my client was, so we didn't get the name.

    More info here on the NetworkSolutions website.
  • Posted by Chris Blackman on Author
    Sounds like maybe the answer to acquire it without paying blackmail rates is to just keep a watchful eye on the expiry and move on it once expired.

    Backorder at WhoIs refers to a grace period for the existing owner to renew if they accidentally let it lapse - anyone know how long that grace period is, or is it flexible?
  • Posted by Pepper Blue on Accepted
    Hi Chris,

    Check out this service from Go Daddy:

    https://www.godaddy.com/gdshop/Domain_Alert/landing.asp?se=%2B&ci=258

    I haven't used this service from them, but I have a lot of names registered with them as well as hosting accounts and other services and I have always found them to be a good company.

    I would shoot them an email asking them about the grace period for domain expiration, I believe it is somewhere around 30 days as I know I have really pushed it way past the absolute, final, drop-dead expiration dates before.

    Good Luck - Tim
  • Posted by darcy.moen on Accepted
    Back ordering a domain name does not always work. The way a domain name registration works is: the registrant has up to 30 days after expiration to renwe the domain. The domain registrar (the service who regsitered the domain, like godaddy or NetworkSolutions) holds the name for an additional 90 days after registration lapses. The registrar can, at their discretion, take over the domain name to sell, or sit upon. NetworkSolutions seems to do this a lot, and I don't like it. You can then pay a 'fee' if you wish to purchase the domain name, which in my opinion, is really nothing more than blackmail, but they like to call it a service fee. Oh well, I guess that's their choice.

    Anyhow, if you really want the name, you may have to cave in and pay for it. I'd rather come up with a new name, or use a dot US, dot CA, or dot biz name than pay to feed the poor practices. That is my choice.

    Darcy Moen
    www.customerloyaltynetwork.
    www.customerloyaltydomains.com
  • Posted by darcy.moen on Accepted
    If you own a registered trademark, or have a unique claim to a certain business name, there is a process where you can petition the domain name governing body to request transfer of a domain to another party. This is known as a desputed domain name resolution process.

    If the other party is not actively using the domain name, or it is interfearing with the identity of your business, you may want to persue this avenue. It can be a bit messy, and feeling can be hurt, but, sometimes there is an ammicable resolution too.

    Not a nice option, but it is another.

    Darcy Moen
    www.customerloyaltynetwork.com
  • Posted by darcy.moen on Accepted
    Okay, did a little research in respect to domain name disputes, and pulled this from some of the resources available to me through my affilation as a reseller of domain name services. Enjoy.....

    This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at https://www.icann.org/udrp/approved-providers.htm (each, a "Provider").

    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
    your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
    you have no rights or legitimate interests in respect of the domain name; and
    your domain name has been registered and is being used in bad faith.
    In the administrative proceeding, the complainant must prove that each of these three elements are present.
    Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
    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
    you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
    you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
    by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
    How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
    before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
    you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
    you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
    Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
    Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
    Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
    Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
    Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
    Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
    Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
    Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

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