Evading Domain Seizure

Andrew Scherer

MarketersCenter.com
Feb 12, 2009
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Mexico
www.marketerscenter.com
In my time I've had 2 earning domains taken from my for trademark violations - the brand was in the domain name. Unfortunately these were earning domains which were making me a pretty penny back in the time they were taken - eventually I recovered but it was still a big loss for me at the time.

I just read this article on tech crunch about how Apple seized control of 16 apple related domains.

It got me thinking - are there any domain registrars you could put your domains that would be out of the reach of the UDRP process? Maybe registrars in Ukraine or Iran or ?
 


If I remember right when winrar.com got with hit they came up with some bullshit company I think in india and switched the site over for that company. Rarsoft lost the request. I also believe at the time there was a lawyer in india that handle this kinda thing for a commission off the domains earnings.

That was several years ago so my memory might be a little off.
 
The UDRP process is under ICANN and applies to .com/.net/.org/.biz/.info/.name/.us regardless of the register, the only way to escape it would be to use exotic tld's which aren't part of the process such as .tr or .ck or to prove that you aren't using the domain in bad faith and have a legitimate right to that domain. Using those apple domains as an example if the guy had responded to the UDRP complaint and said he was using the domains for his new book called "how to mac on bitches" and was using the macbook.us for that reason he might have won the dispute and kept the domain.
 
I don't think any Registrar can prevent your domains from being taken, because the Registry (at least for .com/.net) is run by Verisign.

So some registrars could delay the transfer by not cooperating, but I don't think it would help in the end.