Archive for the ‘ Legal/Security Issues ’ Category

Warning! Your Website Domain Can Be Taken

There are some basic measures I did not know about until recently and had to make some changes. Some call this domain hijacking and can be a mess to try to get it back. A domain can be taken if it is not locked.

You must go into your control panel of your website to find the domain locking area. If it cannot be found you must contact your support. When your domain is locked, you’ll be substantially protected from unauthorized third parties who might try to misdirect your name servers or transfer your domain without your permission.

Overlooking domain names is icann.org and the rules of this are there. The FAQ section has a good start with internal links about transfers. They have the updated legal and technical requirements about transfer notification requirements and times.

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DIY Domain Name Disputes: Expert Tips

This is a distillation of the wisdom acquired through years of involvement in domain name dispute proceedings. It won’t make a hopeless case winnable, but it might stop you from making a strong case un-winnable.

(1) Know your chances

Make an assessment of your chances of winning before embarking on a dispute.

You will need, at a minimum, to read and understand the rules governing the relevant kind of complaint; learn when complaints are upheld, and when rejected. Unless the case is very clear-cut or you’re a very quick learner, your initial view may lack nuance, but you should at least know whether you have a chance of succeeding or none at all.

If you can’t form an initial view, some lawyers will be prepared to look at the papers and consider whether you have a prima facie case without charge.

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Glossary of Domain Name Disputes

The domain name dispute resolution system was supposed to be user-friendly, but this goal has not always been achieved. One of the main barriers to effective access has been the jargon that has grown up around the system. To successfully negotiate the system you must need to know the differences between registrants, registrars and registries; you must not confuse your UDRP with your ACPA; and you’ll need to be able to choose between NAF and WIPO should it become necessary.

This glossary is intended to help you get to grips with the jargon; if you need more information, please visit the Internet Library of Cybersquatting and Domain Name Disputes.

Abusive registration:

This is a key concept under the Nominet Dispute Resolution Policy; there is no concept of an abusive registration under the UDRP (although see the entry on bad faith). An abusive registration is one which was registered or acquired or has subsequently been used “in a manner which took unfair advantage of or was unfairly detrimental to the Complainant’s Rights”.

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