Business Owners - Domain Name De by ps94506


									Domain Name Dolor                                                                           Spring 2012
Lorem IpsumDefenders, Inc. • Ph: 310-353-2106 • Fax: 310-353-2117 • Contact:

     Business Owners
                You Can Get Your Rightful Domain Name

                       Know Your Legal Rights
            Even if a cybersquatter has your domain name, there is HOPE
    Domain Name Defenders helps small and              Thousands of businesses have gotten their
medium sized businesses get their rightful             domain name back in the past 10 years.
domain name for a flat fee that includes                  Gretchen Goldsmith says: “I started
everything, even filing fees. Businesses that because this is
meet certain criteria can get their domain name,       exactly what happened to me. I fought several
even if the cybersquatter or domain name pirate        ‘domain name registration abusers’ and got my
is hiding behind private registration or operates      domain name back. My staff can do it for you.”
outside of the United States.                          — Story continued on page 3.

 Know Your Rights                    Who Controls the Web?               5 Reasons to Do It
 When people take your               There are policies about domain     Why you should pursue the
 company name and register it,       names covering more than 180        domain name that matches
 you may be able to take action.     countries, including the U.S.       your business name.
                                     and Canada.
                       Page 2                              Page 2                             Page 2
Domain Name Defenders, Inc. • Ph: 310-353-2106 • Fax: 310-353-2117 • Contact:

                                  Your Legal Rights: What You Should
                                  Know about Business Domain Names
                                  Cybersquatters &                       business associated with that
                                  Domain Name Pirates                    domain name to attract business for
                                  Domain name disputes arise largely     their own sites. These are often
                                                                         referred to as domain name pirates.
                                  from the practice of cybersquatting,
                                  which involves the pre-emptive
                                  registration of trademarks and trade   Does Anyone Control the
                                  names by third parties as domain       Internet?
                                  names. Cybersquatters exploit the      The Internet grew rapidly over the
                                  first-come, first-served nature of     last decade as a place to do
                                  the domain name registration           business, and the Internet
                                  system to register names of            Corporation for Assigned Names
                                  trademarks, famous people or           and Numbers (ICANN), is the
                                  businesses with which they have no     organization responsible for,
                                  connection. Since registration of      among other things, management
                                  domain names is relatively simple,     of the generic top level domains
                                  cybersquatters can register            such as .com, .net and .org. ICANN
                                  numerous examples of such names        adopted the Uniform Domain
                                  as domain names. As the holders of     Name Dispute Resolution Policy on
                                  these registrations, cybersquatters    August 26, 1999. This policy
  Why Should I                    often then put the domain names up     allows disputes to be settled.
    Pursue my                     for auction, or offer them for sale
                                  directly to the company or person
                                                                         Registrars in more than 180
                                                                         countries are bound to take the
  Domain Name?                    involved, at prices far beyond the     necessary steps to enforce the
                                  cost of registration. Alternatively,   decision.
                                  they can keep the registration and
1. Adds value to your             use the name of the person or
   company. It is your
   intellectual property
   and counts as an asset.        How Can I Get the Domain Name
2. Discourages                    that Matches My Business Name?
   counterfeits or
   competitors.                   In many cases you can get a            registered and is being used in bad
                                  domain name when the current           faith (to divert your customers to
                                  holder violates the Uniform            other websites).
3. Increases your sales.          Domain Name Dispute Resolution

4. Improves customer
                                  policy, for example —
                                  i) the domain name is identical or
                                                                         Why Use Domain
   satisfaction,                  confusingly similar to a trademark     Name Defenders?
   confidence, and                in which the your business has         Domain Name Defenders charges a
   security.                      rights (for example, your business’s   flat fee to obtain the domain name
                                  legal name);                           for your business. All costs—time,
                                  ii) the party has no legitimate        materials, and filing fees—are
5. Increases search               interests in the domain name (for      included in this payment. This is
   engine optimization            example, the holder of the name is     the inexpensive alternative to hiring
   and social media               not making any offer of goods and      an attorney, and the only service
   capability.                    services under that name).             that Domain Name Defenders
                                  iii) if the domain name was            offers. Contact us today.             2
Domain Name Defenders, Inc. • Ph: 310-353-2106 • Fax: 310-353-2117 • Contact:

        How I Got My Domain Name Back
                              …when every other method failed!

    I co-founded Rose Publishing in 1991,              name would probably expire. So for the
long before the Internet craze. Eight years            next two years I waited and never received
later, when I launched a website, I                    a notice. Unfortunately, the registration
discovered that someone else had my                    passed to another organization, this time to
domain name: During                someone who did not have the same name.
the following years, I made several attempts           I was shocked. I thought that by paying for
at getting the domain name transferred,                the service, the name transition was
without success.                                       guaranteed unless the current owner
                                                       renewed. This is common.
Attempt #1: Tried to reserve and
backorder the name                                     Attempt #2: Tried to buy the name via
My domain name registrar offered to put a              “certified offer”
“reservation” on the name                              My domain name registrar invited me to for a fee. I did it                 put a certified offer on the domain name.
knowing that the current owner was not an              They would then contact the registrar.
active publishing company and the domain                               — Story continued on page 4
Domain Name Defenders, Inc. • Ph: 310-353-2106 • Fax: 310-353-2117 • Contact:

But even though it was a 4-figure sum,                        the correct domain. The cybersquatter (who
there was no response. (Some people do get                    was hiding behind a “private registration”
a response, but the counteroffer is often high.               and was not in the U.S.) not only deprived
By the way, it is illegal to offer someone their              Rose Publishing of its rightful URL, it also
own domain name for more than the out-of-                     confused and diverted customers who
pocket costs for registering the name.)                       wanted to place orders.
Attempt #3: Contacted the domain
holder directly using the response box on
their website.
I contacted the domain name holder using                              This does have a
the response box and made a large offer.
Still no response. This is very common.                                happy ending!
Most people hear nothing.

Attempt #4: Made a large offer
We left a phone message and sent a letter
offering a five-figure sum directly to the                    I finally realized that you have to pursue
domain name registrant to transfer                            your options legally. And I did and won!
ownership. Still no response, as usual.                       Here’s the proof—
                                                              Our domain name,,
Attempt #5: Made legal threats
                                                              was finally transferred to us in 2007. Here is
I left phone messages and sent a letter. No                   the WHOIS today!
response. This happens all the time.                
                                                     This has made a significant
In the meantime, during all of these                          difference in Rose’s online sales!
failed attempts, Rose Publishing was
losing thousands of dollars.                                  “I started
                                                              because domain name registration abuse is
My website analysis showed that my
                                                              wrong. I got my domain name back. My staff
company was probably losing about 25%
                                                              can do it for you for less than attorneys
of our online income a year by not having                     charge.” — Gretchen Goldsmith

                        What kinds of businesses can Domain Name Defenders help?
                        • Your company qualifies if it was              • The domain name you want is
                        actively in selling products or services        currently registered to someone who
                        prior to the first-ever registration of the     does not own a legitimate business with
                        domain name. (We can help find out.)            the same or similar name. (If the current
                                                                        owner is unknown, we can find out.)
                        • Your business has a legal entity.
                        (Corporation, LLC, partnership, sole            • You don’t know the current domain
                        proprietorship.)                                name holder personally.
                        • Your business currently has an active    
                        website.                                                                                    4

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