Balling
Premium Member
Registered: 7th Apr 04
Location: Denmark
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Okay, technically it wasn't stolen, as the store that owned the domain went under.
Everyone thought the domain was owned by the franchise, not the store it self, so somehow it ended on the open market without anyone noticing... 
Now some shitty company outside London, Global Internet Development, have bought the domain and put up a clone of the old site.
I'm not entirely sure what the end game is, but they're advertising under our name for a store that doesn't exist anymore, so it's bound to create some confusion with our customers.
I've found their phone number and address using whois, but somehow doubt they'll just agree to take it down if I contact them.
Time to lawyer up?
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Robbo
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Registered: 6th Aug 02
Location: London
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IvIarkgraham
Premium Member
Registered: 27th Mar 04
Location: Ellesmere Port, Cheshire
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better call Saul
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jamied
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Registered: 27th Oct 03
Location: Marbella,Spain Drives: C63
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Dom
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Registered: 13th Sep 03
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So the domain didn't get renewed prior to renewal date, nor during the redemption period, expired and 'dropped' and someone else grabbed it?
I believe the only options available to you is to either try and negotiate with the new domain holder to purchase the domain back off them (they'll ask for silly money) or go down the legal route and attempt to challenge them on the grounds of trademark/copyright (obviously this is if the name is non-generic) - if, as you say, the new holder has cloned the previous site design, then it'll certainly help with you case.
As others have said, talk to your solicitor and take it from there.
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Rob_Quads
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Registered: 29th Mar 01
Location: southampton
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Could be an interesting one.
By letting the domain lapse you may have removed your 'right' to the domain so all you can do is block them from using it to falsely advertising
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Balling
Premium Member
Registered: 7th Apr 04
Location: Denmark
User status: Offline
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quote:
Originally posted by Dom
So the domain didn't get renewed prior to renewal date, nor during the redemption period, expired and 'dropped' and someone else grabbed it?
The ownership is a bit of a mess.
We're an independent franchise, which means our dealers share the same name, logo etc. but are essentially independent stores who all have their own websites.
One store went bust and hence stopped paying their bills.
Most of the domains are owned by us (franchise headquarters) but this particular domain was handed over to the store a year or so ago for reasons nobody can remember.
Saturday I received a Google alert that the site was now live, after months of down time.
The company name will be considered generic as we are not the only ones in the world with this name.
However, the URL is www.companyname-city.dk so I'd hope that the city + country name takes it beyond generic.
The page is an EXACT clone of the original page, which uses our company template. They're using our logo, our website template, our images, text written by us etc.
I think I'll try calling them tomorrow to see how much they consider silly money.
As soon as I call our legal team I'll have spent silly money just to have them pick up the phone.
God, annoyance doesn't even start to describe this... 
[Edited on 16-09-2013 by Balling]
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Dom
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Registered: 13th Sep 03
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quote:
Originally posted by Rob_Quads
Could be an interesting one.
By letting the domain lapse you may have removed your 'right' to the domain so all you can do is block them from using it to falsely advertising
But potentially you can get them get to hand it over if you own the copyright/trademark to the name, although it sounds like Balling's company might struggle on that grounds due to the generic name.
The big plus is that the current holder has cloned the previous site which shows the current holder is trying to deceive users; at the worse, Balling should be able to get them to remove the site and design due to copyright (i'd be screenshoting left, right and centre with dates/times the site for proof etc).
Balling - Call (obviously you want records of this and to who you spoke to)/email them and ask how much it'd cost to transfer ownership back to you (i wouldn't mentioned the site or design; not yet anyway). Then call your solicitors if need be.
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Balling
Premium Member
Registered: 7th Apr 04
Location: Denmark
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Can anyone confirm if +44.72859823 is a real UK number? Looks short to me and I'm not being connected...
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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is there a digit missing; it looks to be a mobile number with 1 digit missing.
A UK mobile number would be +44 (0)7123 456 789 (11 digits including the 0, you only have 10)
I ran a couple of Google searches and '07285' seems to link to areas of India.
[Edited on 16-09-2013 by LiVe LeE]
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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You might be able to get them to stop trading under your specific name but I doubt you will get the domain name itself back
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Rob_Quads
Member
Registered: 29th Mar 01
Location: southampton
User status: Offline
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You will be able to get them to pull down the site as it will be in breach of copyright - its the getting the domain back that will be much trickier.
Have they put the a copy of your site up or are the doing remote links to your other sites? Remote links to copyrighted images are allowed as they are not hosting anything that breaches the copyright.
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Balling
Premium Member
Registered: 7th Apr 04
Location: Denmark
User status: Offline
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They're hotlinking a few images, but most of it is hosted locally. Including our logo.
As for trading, they're not doing any, as far as I can tell.
Actually, I have no clue what the end game is for them!? 
This is their data registered with whois:
Registrant
Handle: GID30-DK
Name: Global Internet Development
Address: Mbx 1391 London Road
Postalcode: SS92SA
City: Leigh On Sea
Country: GB
Phone: +44.72859823
Looks like a lovely place, think I'm going to try calling the number above the door tomorrow...
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alan-g-w
Member
Registered: 9th Nov 07
Location: Glasgow
User status: Offline
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Why not get some l33t cunt to hack the site and break it? Looks like it's written off as far as you're concerned anyway
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Dom
Member
Registered: 13th Sep 03
User status: Offline
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quote:
Originally posted by Balling
They're hotlinking a few images, but most of it is hosted locally. Including our logo.
Did the original site get taken down and the hosting removed? So the domain currently, is pointing to a new host and nameservers? (can verify by using http://intodns.com)
However, i suspect MBX Game Exchange is just a front (the sign mentions 'mailbox service') and whoever is behind Global Internet Development just uses them for a mail address.
alan-g-w - last thing you want to do, especially if you plan to take legal action 
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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Shame its not closer, if that is actually who has bought it you might have more luck in person.
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Balling
Premium Member
Registered: 7th Apr 04
Location: Denmark
User status: Offline
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Alan, thanks for the notion. If all else fails, I'll look up some l33t cunts.
quote:
Originally posted by Dom
Did the original site get taken down and the hosting removed? So the domain currently, is pointing to a new host and nameservers? (can verify by using http://intodns.com)
Yes, original site was taken down and for a while the URL redirected. I don't know how long as I never bothered to keep an eye on it.
Talked to the previous host earlier, and they're definitely not hosting anything.
Nameserver looks to be changed as well. At least all our other sites are running on Danish nameservers from the same provider and this one is running on a Swedish.
Also, you're definitely right about MBX being a dead-end. Didn't notice the mailbox sign.
Guess my only option now is to send them a letter in the mail, which I somehow doubt will have any effect as they're not likely to be taking the trip from Nigeria to check their mailbox...
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Balling
Premium Member
Registered: 7th Apr 04
Location: Denmark
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quote:
Originally posted by Ian
Shame its not closer, if that is actually who has bought it you might have more luck in person.
Might put a wanted ad in classifieds.
"Looking for muscles near Leigh On Sea"
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alan-g-w
Member
Registered: 9th Nov 07
Location: Glasgow
User status: Offline
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Lol brand new
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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What's dead end? The fact the shop is holding a mail box for the actual people?
I'd still be visiting and seeing how helpful they would become when they realised my desire to get the site back.
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Balling
Premium Member
Registered: 7th Apr 04
Location: Denmark
User status: Offline
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Yeah, I'll still be calling them, but chances are, if they're only providing mailbox service, that they'll want nothing to do with this situation.
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Dom
Member
Registered: 13th Sep 03
User status: Offline
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I don't think it's a dead end but Balling as you know, it'll be a bit of detective work finding out who's actually behind it all - good luck
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Balling
Premium Member
Registered: 7th Apr 04
Location: Denmark
User status: Offline
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Alright, turns out there's actually an official domains complaints board for .DK domains, so I've contacted them with all the details I have (which is now a substantial amount ), so for now we'll have to wait and see what their reply is.
Hopefully, looking a bit into similar cases, this is pretty straight forwarded.
I've demanded that the domain be handed over to our company, which looks like a realistic outcome.
[Edited on 16-09-2013 by Balling]
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deano87
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Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
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Try 0772859823 for a UK number, so 0044772859823 from Denmark.
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andy1868
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Registered: 22nd Jun 06
Location: Burscough, Lancashire
User status: Offline
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Do mobiles have to have 11 characters? I know for a fact that there's parts of Skelmersdale that only have 10, but they're landlines.
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