Threats by previous domain owner

I registered a deleted domain of my client in my wife's name. As I liked the name. Now, he(previous domain owner) recognized that I own the domain and threatening me to return back his domain.

When I sent him series of reminders to renew his domain, he did not show any interest.


I have the following doubts:

Can the previous domain registrar take legal action for using his business name in past

Can I sell the domain name on sedo.com

Can I use the domain name for my own use

Can I file a case against old domain owner for threatening me.

Pl let me know your views and suggestions at the earliest.

Regards,
Maheshg

Did you issue him proper reminders before the expiry... as per the ICANN policies and do you have any proof in this regard ?

And is it a generic name or also registered as a Trade Mark ?

1) If it is based upon registered Trade Mark, then he can always claim back the Domain name under UDRP or INDRP policy, as may be applicable. And also ask for compensation for passing off... and yes there are provisions under Indian Penal Code as well against such violations.

2) If it is otherwise Generic name and proper reminders were issued to him and if he still didn't bother to renew the same. Then you have complete rights to the Domain Name and can deal with it in any way, including putting up for sale on SEDO !

Yes I gave him reminders before and after expiry.I sent him domain restoration message also.But he did not show any interest.

His firm is ISO certified.

Regards,

Tell him to go shove it. He can't do anything, at least according to law. If he is bent on creating unlawful nuisance, you can always go to the police and file a complaint.

No need to be afraid of an ISO certificate. Almost anyone can buy an ISO certificate in India these days. I get at least 10-15 calls in a month wherein people pitch for my company to be certified by ISO. They say you just have to pay the fees and give some documents.

The domain is yours. Enjoy!

I got the following info from registered advocate and a cyber law consultant:

One thing I have checked is, that he doesn't have any Trade Mark and not even applied for in the name of 'Sterling Hub'. This goes in your favor and ISO registration has no value in such a matter.

And if you have proper evidence of reminder sent as to renewal and you do not run any competitive business on this Domain, he can just try to pressurize you by threatening but cannot claim back the Domain !

Though, he wouldn't have received any automatic reminders from BigRock, as the last WHOIS records, which shows domain expired in October 2013, shows you as a owner in the name of:

Mahesh g (flourishdomains@mail.com)

Further, as you registered Domain only after it again became available freely for registration, this gives you complete right over the Domain Name.

And on other point of view, a general view... as this is India, so people tend to use their sources and power in harassing others, so also have a look at his power and resources factor also.

Regards,