Any client who let's his domain expire is either not well informed, or does not attach value to the domain. Sad these cases are many.
Legally speaking, you can seek redress from a court of competent jurisdiction. I am afraid that our courts may not be respected in respect to Generic Top Level Domains. So if your client has loads of cash, he can institute legal proceedings in US. As you have described, if the new owner is using that domain to trash your client's reputation, he has a higher chance of acquiring it back. If you Google around, you will find many cases that have been won on trademarks alone, even if the trademark owner had not registered the domain in the first place .
As someone has said, .ke are safer because we have dispute resolution mechanisms in Kenya.
Regards
And in most cases clients simply ignore when you send them reminders of domain expiry. For the case of the .com domain i believe there was a prior 30 days notice before expiry and a further 27 days grace period after expiry to repossess the domain.I would simply say blame it on your client for ignoring renewal notices if at all they were sent.ᐧ
On Wed, Apr 29, 2015 at 10:17 AM, John Swekenyi <johnswekenyi@gmail.com> wrote:My two cents:Register a new domain. While at it, I always advise guys to consider registering a .ke domain, chances are you might not end up having such woes but again you have no control over the ownership of that domain as registered by entity 2 and as rightly put by David, business name and domain do not have any direct correlation to warrant court cases, "Legalism".ᐧ
--On Wed, Apr 29, 2015 at 9:40 AM, David Njuguna via skunkworks <skunkworks@lists.my.co.ke> wrote:Find a bag of money and buy it off the new owner. I am afraid domain names have nothing to do with registered business names. The new owner has full claim on the domain now. You either buy it off them or bite the bullet and register a new domain name.On Wed, Apr 29, 2015 at 9:23 AM, Brian L via skunkworks <skunkworks@lists.my.co.ke> wrote:_______________________________________________Skunks,
I have this problem. There was a delay in renewal of a .com domain and when renewing it was found that another entity had taken up the name.The current entity has put up a website and it is not known whether the business they carrying out on the website is genuine.The entity I am asking for has a registered business of the same name and was running a legit business of the website.Now my question is, what is the process of the first entity to reqacuire the domain?
--Lusiola Brian
|3 R 1 /-\ |\|
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