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Q: I need to get my domain name back how can I dispute it? ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: I need to get my domain name back how can I dispute it?
Category: Computers > Internet
Asked by: davidlpotter-ga
List Price: $20.00
Posted: 29 May 2003 10:13 PDT
Expires: 28 Jun 2003 10:13 PDT
Question ID: 210303
I developed a trademarked comerical game about 3 years ago, and the domain
was left vacant by the holder of the rights to the game. I now have
the rights to the game back and have found out someone in HK has the
domain name locked up and doing nothing with it.

The domain name is www.shatteredlight.com my trademarked game is
shatteredlight, published by SSI and my company catware which is now
ensigngames.

What is the procedure to disbute it and get it back? (If I can) I
need step by step procedures on who to contact and what proof is
needed. 



Thanks
David
dpotter@ensigngames.com
Answer  
Subject: Re: I need to get my domain name back how can I dispute it?
Answered By: shiva777-ga on 29 May 2003 10:54 PDT
Rated:5 out of 5 stars
 
Hi David. 

Your best and cheapest bet is to use the National Arbitration Forum:
http://www.arb-forum.com/

They offer services to settle domain disputes that are far less costly
than going through the official legal system which can cost thousands
of dollars and lots of time.

Some ofthe services the forum offers include:

Mediation: "Mediation involves disputing parties assisted by a
mediator, voluntarily attempting to reach their own agreement
resolving their differences. Typically, an independent, neutral third
party, a mediator, assists parties in negotiating the settlement of a
dispute between them."  $300 fee
http://www.arb-forum.com/mediation/index.asp


Arbitration: "Arbitration is a streamlined legal procedure used for
hundreds of years to resolve legal disputes fairly and at low cost. An
arbitration is a proceeding administered and managed by an independent
third party for two or more parties with a legal dispute. The parties
present their arguments and evidence to an arbitrator who in turn
decides the case."
http://www.arb-forum.com/arbitration/index.asp
Assuming that the domain is worth less than $2,500 (likely) the fees
would be as follows:
$25 Filing Fee
$25 Commencement Fee
$200 Administrative Fee
$150 Participatory Hearing Fee
(fees gotten from http://www.arb-forum.com/code/code-7-1-02.pdf)

You can make an arbitration claim here:
http://www.arb-forum.com/arbitration/complaint.asp


I would suggest reading through this site thoroughly as I think that
it is easily your best bet in getting your domain back. If you go into
the regular courts system with this it can be a messy business indeed.
There are law firms that specialize in domain disputes including:

http://www.esqwire.com/
http://www.cybertriallawyer.com/

You can also use Findlaw(http://lawyers.findlaw.com/) to find a lawyer
in your area. Internet specialist are listed here:
http://lawyers.findlaw.com/lawyer/practice/Internet%20--%20Cyberspace

You can find an easy to understand guide to domain disputes at:
http://www.domaindisputeresource.info/

I do suggest going through the arbritation forum or consulting a
lawyer before contacting the domain owner yourself. I wish you the
best in getting back your domain. Proof of your trademark should be
enough to get it back. If you have any further questions please use
the 'clarify answer' button before rating this answer. Thank you!
-shiva777
davidlpotter-ga rated this answer:5 out of 5 stars
Good Answer thanks

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