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lawsuit over domain name ownership
Chuck | 10/8/2002 5:53:58 PM
I am having some problems with a guy who claims he owns the domain name I recently registered.

This domain name was available and I registered it. Apparently, the first owner paid a company to register it, but that company forgot to register it before the ownership expired. He now says I owe him the domain name and that I will get dragged into the lawsuit.

What should I do?

Below I have posted some of my communications with this guy.



Hi Chuck,
>Fist of all, legal action is instituted against **************.com - the company I instructed to renew the domain name.... nothing personal is directed to you.... although you will inevitably be drawn into the legal action...
>The instruction to ************* to renew the domain name, was in early June!!!! (About two months before the domain name was to expire!!!!. ************* accepted my payment to renew, ($48) and also cashed my check in June!!
>Seeing that my check was cashed for the renewal, I accepted that the renewal was done. It never was, and one day when I wanted to work on the website, I noticed that it was never renewed, and upon checking, saw that it was now registered in your name.
>This amounts to GROSS NEGLIGENCE on the part of *************, Inc. Up to date they have not even refunded the payment I made to them for renewal, which also boils down to UNJUSTIFIABLE ENRICHMENT, or alternatively - FRAUD.
>I have no intention of BUYING the domain name back from you - looking at it that way, YOU will have to decide what it is worth to YOU, in order to keep it, and getting involved in a legal action, of which the outcome is guaranteed in my favor.
>I indeed accept that YOU acted in good faith all the time, but the point is that the INTERLAND was negligent, and action taken against them is for loss of the domain name, loss of income since the day it was registered to you as well as consequential damages.


>I am very sorry that ***********.com was not re-registered by your company. Were you not monitoring it? It's all about business and I can't give the name back to you. I registered ***********.com a few years ago and when I wanted to register ***********.com I saw that you had registered it a couple days before! I monitored the expiration date on ***********.com and when I saw that is was available, I registered the domain legally.
>Though, it was your site, and I do know how you feel, I will give you the opportunity to purchase ***********.com back from me for a cost if you wish.
>What do you think the domain is worth to you?
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