How can I buy a domain that appears to be already taken?

[Fantasy Guy]

If I look-up the domain on whois, it shows it's taken until 2012. But if I try and navigate to the domain, it just hangs for a while and then gives up.

I've tried contacting the postal address on whois but to no avail.

What should I do now?!

 

[Hellhammer]

Even though there is nothing on the address, it's still taken. I can buy a domain just for fun. Actually, it can even be business. If you're lucky and register a good domain, it may sell quite well in the future.

AFAIK, there is no other way than just to contact the owner and ask if you could buy it.

 

[maflynn]

What should I do now?!

Find another domain or see if that name you like is available with a different TLD. That is .net, .us, .org etc.

Also look at sedo.com to see if that domain is for sale.

As Hellhammer stated, you don't need to point the domain to a webhost. I've purchased domains with the idea of a certain project but that project falls through. I let the domain expire and its generally not pointed anything at that stage.

 

[Fantasy Guy]

Even though there is nothing on the address, it's still taken. I can buy a domain just for fun. Actually, it can even be business. If you're lucky and register a good domain, it may sell quite well in the future.

I understand what you're saying - but to buy a name and sell it for profit surely means you should be available to carry out the transaction?!!

To expain further - the domain was purchased in 2004 and the address is a hairdressers in Slough, UK. I've phoned them and they say they bought the hairdressers shop in 2006 and know nothing of the domain (nor, I guess, want it as the shop has a totally different name).

Seems odd that, if the current owner isn't using it and can't be contacted, I can't take it instead (like one can do with land/property).

 

[Hellhammer]

I understand what you're saying - but to buy a name and sell it for profit surely means you should be available to carry out the transaction?!!

To expain further - the domain was purchased in 2004 and the address is a hairdressers in Slough, UK. I've phoned them and they say they bought the hairdressers shop in 2006 and know nothing of the domain (nor, I guess, want it as the shop has a totally different name).

Seems odd that, if the current owner isn't using it and can't be contacted, I can't take it instead (like one can do with land/property).

He still owns it. I don't use my car but that doesn't mean that you can take it. If you already phones them, why not to phone again and ask if you could buy it? That is frustrating, I know that. However, you buy it for a certain amount of time so you can't just take it in the mean time. As you said, he may not even know that he owns something like that. As said above, think about using a different ending

 

[maflynn]

Seems odd that, if the current owner isn't using it and can't be contacted, I can't take it instead (like one can do with land/property).

So if I have a car sitting in my driveway not being used, you think its ok for someone to use it because nobody is answering the door?

Ownership is not dependent on usage. Besides, you don't know if the owner of the domain is using it for an email address, so while the website will be nonexistent he has email with the domain. Maybe the owner is developing something and until its ready the website will not be setup, even with a under construction page.

Besides just because you cannot contact him does not mean he's out of reach and he is MIA the domain will go back into the pool of domains once his registration expires.

 

[yg17]

You're allowed to own but not use a domain. Just because they're not using it doesn't mean you have any right to it.

Seems odd that, if the current owner isn't using it and can't be contacted, I can't take it instead (like one can do with land/property).

Huh? In what country can one buy property, and be up to date with all leases and taxes and whatnot on it, and still lose it for non-use? The domain owner is paying their yearly renewal fees, it's theres. Simple as that. If you're lucky, they won't pay to renew in 2012 and you can then register it.

 

[Fantasy Guy]

He still owns it. I don't use my car but that doesn't mean that you can take it. If you already phones them, why not to phone again and ask if you could buy it?

So if I have a car sitting in my driveway not being used, you think its ok for someone to use it because nobody is answering the door?

Except he has sold the business to someone else to knows nothing of the domain (and has told me they don't want it).

The car analogy doesn't work - my house analogy does. If I find an empty house that no-one claims, I can claim it as my own. I think I should be able to do the same with the domain.

 

[yg17]

Except he has sold the business to someone else to knows nothing of the domain (and has told me they don't want it).

The car analogy doesn't work - my house analogy does. If I find an empty house that no-one claims, I can claim it as my own. I think I should be able to do the same with the domain.

Except it does belong to someone. Someone is paying the yearly registration fee, or they did a multi-year registration several years ago. Once someone stops paying on the domain, they no longer own it and you can take it.

 

[Roric]

I have several domains registered. All that I am required to do is to keep my registrar updated with my contact info. I am under no obligation to respond to any correspondence from anyone else concerning my domains.

 

[Fantasy Guy]

Except it does belong to someone. Someone is paying the yearly registration fee, or they did a multi-year registration several years ago. Once someone stops paying on the domain, they no longer own it and you can take it.

And someone would have paid (a lot) for the house. But I can still claim it if it's not being used.

Surely I should at least be able to buy and use it until such a time that the current owner approaches and tells me not to.

 

[bobr1952]

You can sometimes put in a request with the domain registrar to reserve the domain if it becomes available--that is probably your best bet--unless the owner gives it up early , you are probably out of luck until 2012.

Why not just get something close, that's what I usually do. Maybe stick a hyphen in somewhere to make it different.

 

[Fantasy Guy]

I have several domains registered. All that I am required to do is to keep my registrar updated with my contact info. I am under no obligation to respond to any correspondence from anyone else concerning my domains.

The info held with the registrar is at least 4 years out of date - does that mean the original buyer of the domain is in breach of his basic obligations?

 

[yg17]

And someone would have paid (a lot) for the house. But I can still claim it if it's not being used.

Huh? In what country? I don't believe this for a second.

Surely I should at least be able to buy and use it until such a time that the current owner approaches and tells me not to.

No, why should you be allowed to use it when someone else paid for it? Registering a domain gives you exclusive rights to it. That's the way it works.

 

[robbieduncan]

Fantasy Guy: your username is amazingly apt. You seem to be living in a fantasy world.

 

[Fantasy Guy]

Huh? In what country? I don't believe this for a second.

In the UK (and most other countries). I think it's called adverse ownership. If you find a piece of land/house/barn/whatever and can't find the owner, you can take possession. The owner then has so long (six years, I think) to prove ownership. Squatters have used these rights for years.

No, why should you be allowed to use it when someone else paid for it?

Becuase they're not using it and, by doing so, are preventing me from having a website that matches the registered name of my company.

 

[yg17]

In the UK (and most other countries). I think it's called adverse ownership. If you find a piece of land/house/barn/whatever and can't find the owner, you can take possession. The owner then has so long (six years, I think) to prove ownership. Squatters have used this rights for years.

Yeah, you can do that if they're not paying their taxes and the government sells the property. I don't think you can just move in and make yourself at home.

Becuase they're not using it and, by doing so, are preventing me from having a website that matches the registered name of my company.

So? They own the domain. It's theirs to use as they see fit.

 

[robbieduncan]

In the UK (and most other countries). I think it's called adverse ownership. If you find a piece of land/house/barn/whatever and can't find the owner, you can take possession. The owner then has so long (six years, I think) to prove ownership. Squatters have used these rights for years.

After 10 years the squatter can apply for title to the land registry. The rightful, legal owner can defeat this with a simple objections (the law was updated in 2002). I believe you can do similar with a domain (try the ICANN website).

Edit: ICANN dispute policy

 

[stridemat]

In the UK (and most other countries). I think it's called adverse ownership. If you find a piece of land/house/barn/whatever and can't find the owner, you can take possession. The owner then has so long (six years, I think) to prove ownership. Squatters have used these rights for years.

You can in the UK, I have studied it for UK Property Law. I won't bore you with the ins and outs here, but it can be done. See Adverse Possession.

 

[robbieduncan]

I would not just because there is no visible website at the domain it does not mean it's not in use: they could have a website that is under a non-standard root directory and only available to people who know the full address. They could be using it for an email address only. Or an ftp site.

 

[-aggie-]

In the UK (and most other countries). I think it's called adverse ownership. If you find a piece of land/house/barn/whatever and can't find the owner, you can take possession. The owner then has so long (six years, I think) to prove ownership. Squatters have used these rights for years.


Becuase they're not using it and, by doing so, are preventing me from having a website that matches the registered name of my company.

So, someone goes on a long vacation and you think it's okay to just move in? I mean, I looked for the owner. He's gone, so it's mine, right? Then the owner comes back and now has to go to court to get me out of his house??

 

[Fantasy Guy]

Yeah, you can do that if they're not paying their taxes and the government sells the property. I don't think you can just move in and make yourself at home.

You certainly can just move in and make yourself at home. It's up to the owner to turn up and have you chucked out (for breaking and entering, tresspass etc.). After six years, if the owner hasn't done that, it's yours.

EXACTLY what I'm proposing I should be able to do with the domain. Let me buy and use it until the current owner says he wants to use it.

So? They own the domain. It's theirs to use as they see fit.

See the point above and in most posts I've made on this thread.

 

[jzuena]

The info held with the registrar is at least 4 years out of date - does that mean the original buyer of the domain is in breach of his basic obligations?

That might make it so you can claim the domain. I know I have to fill out a domain update every year with my contact information under threat that my domains can be taken away if the contact info isn't up to date. Of course my registrar is Go Daddy who want to sell extra services to hide my contact info. I just use my mobile number and a Post Office box so that my home information isn't available to anyone who knows how to use whois.

 

[Fantasy Guy]

You can in the UK, I have studied it for UK Property Law. I won't bore you with the ins and outs here, but it can be done. See Adverse Possession.

Thank you!

So, if someone can do it with a £3million property, I see no reason why I shouldn't be able to do it with a £12.99 domain.

 

[yg17]

You certainly can just move in and make yourself at home. It's up to the owner to turn up and have you chucked out (for breaking and entering, tresspass etc.). After six years, if the owner hasn't done that, it's yours.

EXACTLY what I'm proposing I should be able to do with the domain. Let me buy and use it until the current owner says he wants to use it.

So rather than use a little bit of creativity to come up with a domain that somebody hasn't registered, you'd rather use this guy's domain, build up a big online presence, and then have the original owner come along and say "Oh, sorry, I want to use it now" and suddenly you lose all the name recognition you built up?

Imagine if Twitter acquired twitter.com using these so-called squatters rights and then the original owner of the domain came out today and said he wants to use it for something else. Bye bye Twitter.