Jellybeans - not sure what to make of this?

[cm1975]

"although the website has only been down for the last six weeks"

Their new domain name was reg'd on 12th January 2009. Not sure why they'd do that if the old site hadn't already been down for a period of time! Sounds like they are bending the truth slightly!!

 

[aZooZa]

She's shot her bolt mate. Any reasonable person would show a little decorum and good manners in the hope of coming to a reasonable arrangement with you. As indicated above by all -- let her stew.

 

[ELIFE-MZ]

I suggest you move this thread to a forum which is not indexed by Google, as well as your appraisal thread from before. They could be unhelpful if this ended up as a DRS.

 

[mojoco]

I suggest you move this thread to a forum which is not indexed by Google, as well as your appraisal thread from before. They could be unhelpful if this ended up as a DRS.

Good advice!

 

[Paullas]

ok ive moved it to the nominet section as im sure this dosnt get indexed.

 

[aZooZa]

Some sharp modding on here

 

[Paullas]

have to protect and stand up, im on msn if people need things doing asap

 

[Rob_F]

I wouldn't worry about it. It's a generic domain. You have definitely not done anything wrong.

I don't believe she missed all those registrar/registry renewal reminders, ample opportunity to renew. If her host was in charge of maintaining/renewing it, she should take it up with them.

The fact she was threatening when she called wouldn't exactly make me open to reasonable negotiation. If it were mine, i'd tell her to sod off.

- Rob

 

[Ging]

I wouldn't worry about. It's a generic domain. You have definitely not done anything wrong.

I don't believe she missed all those registrar/registry renewal reminders, ample opportunity to renew. If her host was in charge of maintaining/renewing it, she should take it up with them.

It does happened. We caught a domain that had an established site on.The registrant changed their email address and never recieved any contact at all that the domain was about to expire. The registra was admin and tech contact and letters were not forwarded on.

We ended up in talks with the registra and handed it back to them for a fee. Exactly the same scenario, a generic phrase. They threatened to sue us etc and raise it with nominet.

IMO with this one I would not hide the fact you want to sell it for £20K. They admit they were not doing anything with it anyway. Legaly and morally I see nothing wrong in that all.

 

[Rob_F]

Just like the registrant is responsible for the content on the domain, the registrant is equally is responsible for keeping the contacts up to date and accurate. As previously mentioned, if the host was looking after/maintaining the domain she should take it up with them. Darren is not at fault here, all he did was register a very generic domain the second it became available.

I'm not saying she won't go down the DRS route. I do suspect however that most DRS panellists would side with Darren on this.

- Rob

 

[woopwoop]

The woman is full of shit

when someone asked if she had jellybeans trademarked she replied....

Not trademarked - all other aspects of our business is, but this one never occurred to us.

one of her business's
Vending Revolution has no trademark at all
and a trademark for Snack a Can was only applied for in january 2009

Intellectual Property Office - Results

Put your price up in response to her bad attitude!

That was one of the things that stuck out, the other was that she said something like the domain expired 90 days ago but the website only stopped working 6 weeks ago

 

[Systreg]

It might be an idea to take screenshots of all of her posts, in case she goes back and edits any of them, might come in handy if there was ever a DRS and if you wanted to take action for any libel/slander for calling you a thief etc.

 

[dragon]

Wow thanks for all the replies chaps. Have got copies of the posts. Thanks again.

 

[aZooZa]

She obviously hasn't cleared her cache for a while...

 

[lebowski]

What you've said from her telephone manner is echo'ed in the thread you sent. She's done herself no favours with her immediate accusatory approach. Whilst I can empathise with her situation, her frustration and accusations are misdirected. Also, talk about playing on your conscience with the facts surrounding this domain name if in fact this is the complete truth. This does highlight a dark side of drop catching imo. You have nothing to feel bad about however. If she was prepared to enter into a sensible, friendly dialogue, perhaps there was (or still is?) room for negotiation. She seems to have slammed the door shut on sensible discussions from the start, hence the possibility of an amicable solution. There's a lesson here in talking before fighting.

 

[aZooZa]

Hmm .. That's been said before.

 

[dashu1]

If I were you I'd get the boot in first.

She has posted on a public forum that you have "stolen" the domain, are trying to "hold her to ransom" & has even posted up your business name & commented that you must prey on businesses and hold them to ransom!!

That is I think about as clear a case of libel as you can get - I don't think she has a leg to stand on making comments like that.

I'd go see a solicitor & get them to start proceedings against her, not necessarily with the aim of following through, but to get her to agree to drop it & forget the domain or you'll go to court.

Libel is very expensive - it's barristers & the onus is one the person who made the comments to prove that they are true, not the other way around - so she's fooked.

Then if she does try it on with nominet you have something to barter with, or maybe a big stick to bash her with anyway.

 

[Skinner]

I personally Favour the Short Barrelled Minigun Approach, its like a 2000 ft chainsaw.

First up ask the forum admin politely to lock and store the thread pending libel (forums are libel not slander) action, once they are aware you can argue they didnt act and you can attempt (altho likely to gain much other than name and shame) to hit them. If you explain the drop process to the admin, they will see sense and assist you so give the admin the evidence inc the nominet rule breach posting details. So there is no reason at all to threaten the admin, once they understand, its only if they act like a turnip.

If they refuse action (Unlikely), hit their webhost to make a backup and store a copy of the database (now they won't even think about it, this site will be worth pennies to them, so they won't risk JACK for the user), then seek legal advice against her as others have said, forcing her to be polite.

Screen shots are all well and good but can be tampered with, so 3rd party options always help. A libel case like this is a 15k jobby for her.

p.s. why doesnt IWantOneOfThose.com have these ? YouTube - Explosive 1800 Round Minigun Burst At Night coz I SERIOUSLY want one of them.

 

[Systreg]

^^^ She is a moderator on that forum, so it might be best to ask the webhosts for a copy of the backup first, then after getting that done, ask the forum admin, just in case the topic accidentally gets deleted by the admin at the request of the woman

 

[Skinner]

I havent looked at the forum to be fair, I just deal with clowns posting libel on forums for some of my friends, so I'm used to following the chain up to the cheif who see's the man below them as a pawn waiting to be sacrificed and the webhost is almost always that cheif, as hosting is cheap and any legal responce is costly