Stealing Domain Names: Be Wary of the Risk

Contributed by Carpesomediem

What constitutes domain name theft?

Domain name theft is not taken lightly. For the most part, it is done in one easy way by thieves. They contact the registrant service, posing as the original registerer, and ask for the domain name to be switched to another service, usually under their control. Almost immediately, once the transfer occurs, they resell the domain name to an unknowning third party for an enormous sum of money. Normally, the domain names being stolen are high profile, high value names.

Many registrants do not have any verification process for checking who is requesting a move, therefore, essentially anyone could transfer a domain name to the place of their choosing with little or no questions. This leaves for a big loophole for big name companies with an invested interest in the name they've trademarked or copyrighted.

Can law enforcement prosecute you for domain name theft?

Yes, law enforcement can prosecute a registrant for registering a domain name under false pretenses, under false approachment and even for stealing a copyrighted or trademarked name. Cease and desist orders are initial notices sent to the someone using a copyrighted name. This is usually the first and only warning, with a time notice, given to people who are in violation of copyright laws.

From there, if you do cease and desist using the copyright, no further legal ramifications will be held against you; however, if you choose to ignore this warning, then the owner has a right to pursue further damages against you and your party.

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