No matter how one wants to twist and turn this, it’s still shocking.
Domain meta-marketplace Namejet has just clawed back a domain won by its highest bidder.
What makes this case remarkable is the period of time that has elapsed since the domain was won: 80 whole days.
The situation unfolded on DNForum, where the domain owner publicized the email sent by Namejet:
We regret to inform you that a domain you recently purchased through a pre-release auction has been cancelled by the registrar of record, as allowed by the NameJet Agreement. We are not provided with specific details and therefore do not have any further information to provide.
As a result of this Registrar request, we will be refunding the entire auction fee and removing the domain from your account within the next few days. Please be assured that this is a rare occurrence, and we do apologize for the inconvenience.
While it’s known that eNom domains that are sold via Namejet have a 45-day lockdown period, this particular transaction apparently involves Fabulous.com as the registrar.
Namejet then goes on pointing to the Terms and Conditions in order to defend its domain clawback, 80 days since the current owner was awarded the domain.
Ridiculous? We think so. π
This is totally BullS!!!
Once it is sold, it is sold.
Oh wait…this is a joke…it is the Homeland Security…. I get it.
Silly me!!!
BullS – Apparently Namejet has a special team of former ICE agents in place π
But kidding aside, the incident is quite upsetting. Should domainers move their domains out *immediately* after winning a domain at Namejet?
The poster never revealed the name. It could be a TM.
Gnanes – For that, there’s the UDRP process. It’s not the job of Namejet to reclaim a domain. Apparently, the agreement between Namejet and Fabulous spans 90 (?) days. So whoever owned the domain “woke up” and asked for it back.
If this is really true (and it might not be), it pays to move your purchased domain names at auction to another register. Protect your names.
Scott – Why would it not be true? The problem is that with regards to Namejet only domains at Network Solutions and Register.com can be moved out as soon as one wins them. With eNom the lockdown period is 45 days, it seems that those at Fabulous are locked in place for twice as long.
So could the buyer sue Fabulous?
5.1 Listing Description. To list a domain name for auction, you must be legally able to transfer the domain name(s) you list for auction on the Site.
Secondly, I would be interested to hear what part of the user agreement it referred to and not just stating the general agreement.
Jamie – If there is an agreement that vaguely grants the right to repossess the domain at an unspecified period of time after it’s won at Namejet, I’d be very concerned. I’m sure the domain owner is examining his legal options at this point.
Not all domains get locked with eNom. I got 3 names recently which didn’t have an auction lock.
Gnanes – Were they drops or pre-releases? The latter kind get locked for 45 days. Of course, there are several twists: eNom is known to have been using “child” registrars as well. Sounds like a wild party at Namejet.
They were Pre-releases
Did this domain involve “Stanley Pace”?