Q - how to protect your domain from getting shut down by a court order

blue141

blue141

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Oct 26, 2009
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Question: I need to move one of our domains to a domain registrar that is out of the jurisdiction of the USA, and will not fold to pressure to shut a site down if it comes to that.

No, this is not kiddie porn, or any other crap like this. We have a competitor who is coming after us for supposed 'trademark' infrindgement. And rather than spending thousands on attorneys, we may just let them get a judgment.

But I need to be sure that they cant use the judgment to get our domain taken away. So, we need to move our domain from godaddy (who will fold like a cheap suit...fuckers) to an offshore domain registrar, who will not be pressured by any US 'authority'.

I know these domain registrars exist...any ideas?
 


(O_o) said:
i would suggest getting your domain transfered to a registrar that answers to APNIC or RIPE and not ARIN (what US registrars answer to).
Click to expand...
:bowdown:


Anyone know who internet.bs uses? I assume ARIN.
 
FWIW ICANN is the name authority, ARIN and those are number authorities, registrars don't "answer" to number authorities. Domain intellectual property disputes are resolved by WIPO for the gtld's and most of the popular cc's. A US court wouldn't be ordering Godaddy or the domain to do anything, a court would be ordering OP to do something, the domains' registrar is irrelevant. In business, particularly online, not having a lawyer is one of the most expensive ways to save money.
 
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(O_o) said:
i would suggest getting your domain transfered to a registrar that answers to APNIC or RIPE and not ARIN (what US registrars answer to).
Click to expand...

makes sense...how do I know who they answer to? Any suggested registrars?
 
so no one really knows? I'm sure others have run into similar situations...where to host so not to be bothered with any C&D orders, etc
 
You can't get away from it by magically moving the domain. A WIPO claim is how these things are done, and there's nowhere you can move it that will make a difference. this isn't like where servers are hosted and how that applies to the legalities of what that server is hosting. If it's a trademark claim you're pretty much fucked if they have any standing.
 
I don't know why anyone doesn't use www.internet.bs these days. Bahamas, doesn't care about USA court orders, fill in with fake whois info, free whoisguard and only $7.50 a domain. Go wild boys.
 
No expert here, but I think you need another corporation outside of US jurisdiction and that property (website) must belong to that entity.

I think you need to lawyer up Now -- a well written email to a trademark attorney might get you the info for free.
 
(O_o) said:
i would suggest getting your domain transfered to a registrar that answers to APNIC or RIPE and not ARIN (what US registrars answer to).
Click to expand...

In the end they still have answer to ICANN (and if it's a .com/.net Verisign).

Complaints about TM infringement won't be handled at the registrar level if those guys know what they are doing.

Transferring a domain to an offshore registrar might buy you some time, but it offers no real protection
 
good input all...I do have an offshore corp, so that may be the way to go. Anything that makes it more expensive for someone to persure is good. Another question along this veign...I have heard several horror stories about godaddy shutting down accounts and your basically fucked with all your domains they had. I do a fair ammount of mailing, and I'd like to have my domains with someone who wont close my account if I get a SBL listing or spam complaints....thoughts?
 
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