How I almost lost my .ES domain

ImFM · 03-23-2009, 08:14 PM

A while back I sold a premium one word .es domain on Sedo. Just before the buyer deposited their funds into escrow, a dispute over the domain was filed with red.es, disputing my right to own that domain.

Apparently registry rules state that you should be registering names "for the good of the country" (of Spain), which means trading in domains may not be following that rule.

I was however able to keep the domain (the sale was canceled by Sedo) after retaining a local lawyer ($$$) and making a deal with a local friend to develop the domain into a site.

Anybody went through anything similar? Is this still a common practice? I still see .es domains being offered and sold publicly...

Pichichi · 03-23-2009, 08:18 PM

i've never had that problem, and i have transferred several .es, i never received a transfer rejection

ImFM · 03-23-2009, 08:22 PM

Quote:

Originally Posted by Pichichi

i've never had that problem, and i have transferred several .es, i never received a transfer rejection

To clarify, the dispute was initiated before we even got to the transfer. They locked the domain and transferred it to the registry and I had about 10-15 days to file a response with them, after which I was allowed to keep the domain.

/FM

Pichichi · 03-23-2009, 08:27 PM

looks strange, did they gave you any excuse?

Alfredo · 03-24-2009, 12:56 PM

Is a generic domain or a trademark?

ImFM · 03-24-2009, 01:17 PM

Quote:

Originally Posted by Alfredo

Is a generic domain or a trademark?

Generic.

Quote:

Originally Posted by Pichichi

looks strange, did they gave you any excuse?

The explanation basically was that by offering the domain for sale it was clear that we didn't intend to use it "for the good of Spain".

I'll try to write up a more detailed article about this case in the next couple of weeks.

/FM

floES · 03-24-2009, 02:05 PM

I went through the exact same thing. But that was back in 2006!
I wasn't aware that this still occurs today...

ImFM · 03-24-2009, 02:18 PM

Quote:

Originally Posted by floES

I went through the exact same thing. But that was back in 2006!
I wasn't aware that this still occurs today...

This was at the end of 2006 as well - since I haven't listed any domains since I would not be able to tell you if this is still occurring today. I'd be happy to heat that it isn't happening any more.

I just realized however that they forgot to unlock my domain - as I also had to renew it directly with redES... Need to write to them about that.

/FM

floES · 03-24-2009, 02:22 PM

At least I haven't heard of any case since then... So I really doubt ESNIC still follows cases regarding the "link-to-the-Spanish-marketing" policy.

03-23-2009, 08:14 PM	#1 (permalink)
ImFM Status: Junior Member Join Date: Mar 2009 Location: Montreal, Canada Posts: 16	How I almost lost my .ES domain A while back I sold a premium one word .es domain on Sedo. Just before the buyer deposited their funds into escrow, a dispute over the domain was filed with red.es, disputing my right to own that domain. Apparently registry rules state that you should be registering names "for the good of the country" (of Spain), which means trading in domains may not be following that rule. I was however able to keep the domain (the sale was canceled by Sedo) after retaining a local lawyer ($$$) and making a deal with a local friend to develop the domain into a site. Anybody went through anything similar? Is this still a common practice? I still see .es domains being offered and sold publicly... __________________ Domain Name News \| ICANN & ccTLD Accreditation Consulting & more DomainConvergence, September 23-24, Montreal, QC, Canada

03-23-2009, 08:18 PM	#2 (permalink)
Pichichi Status: Senior Member Join Date: Mar 2009 Posts: 160	Re: How I almost lost my .ES domain i've never had that problem, and i have transferred several .es, i never received a transfer rejection

03-23-2009, 08:27 PM	#4 (permalink)
Pichichi Status: Senior Member Join Date: Mar 2009 Posts: 160	Re: How I almost lost my .ES domain looks strange, did they gave you any excuse?

03-24-2009, 12:56 PM	#5 (permalink)
Alfredo Status: Senior Member Join Date: Mar 2009 Location: Spain Posts: 593	Re: How I almost lost my .ES domain Is a generic domain or a trademark?

03-24-2009, 02:05 PM	#7 (permalink)
floES Status: Member Join Date: Mar 2009 Posts: 32	Re: How I almost lost my .ES domain I went through the exact same thing. But that was back in 2006! I wasn't aware that this still occurs today...

03-24-2009, 02:22 PM	#9 (permalink)
floES Status: Member Join Date: Mar 2009 Posts: 32	Re: How I almost lost my .ES domain At least I haven't heard of any case since then... So I really doubt ESNIC still follows cases regarding the "link-to-the-Spanish-marketing" policy.

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