A common problem is identifying culprit. In Jan Tallent- Dandridge’s case, for example, only information about perpetrator is:

offers@NameRegister.com Registrant: Dave Web (JTDBIZOPPS-COM-DOM) Buy This Domain 5 Tpagrichnery St ., # 33 Yerevan, Armenia 375010 AM 208.978.3555 208.978.3555 offers@NameRegister.com

Call me skeptical, but somehow I doubt that’s a real name and address. Fortunately, Act has anticipated this problem:

“The owner of a mark may file an in rem civil action against a domain name [an “in rem” proceeding is an action against thing rather than against a defendant - in this context, it means that court can make an order in relation to domain name itself rather than against Dave Web personally such as ordering him to surrender domain name] ... “.

And as for remedies, assuming you are able to identify your particular scumbag, these include injunctions and damages (either actual or, in a case where your individual name is at issue, statutory damages of between $1,000 and $100,000 per domain name).

=> Generic Legal Avenues

Whether or not you can pursue an action under Act, there are a number of legal avenues open to anyone in Jan’s situation (and by that, I mean, someone who is using domain name to point to a site that damages your reputation).

First off, let’s recognize this practice for what it is. Extortion. Pure and simple. It’s a crime. So is criminal defamation. Write a strongly worded cease and desist letter to offender, threatening to report them to District Attorney and/or police and Federal Trade Commission as well as instituting a civil suit. You are more likely to get a result if letter comes from your attorney.

If offender doesn’t comply, report them. As for what action will be taken, your guess is as good as mine but at least you’ve done what you can.

If you have resources to do so, you can also bring civil proceedings against offender on same grounds. The conduct in question is egregious enough that you may well get punitive damages awarded in your favor.

Finally, and I HATE to even suggest this, most cost-effective option of all may be to pay what is demanded. That at least gets domain name back under YOUR control where it belongs. And there’s nothing to stop you turning around and reporting individual in question to DA, police, FTC etc.. In fact, paying over money may be your best chance of identifying perpetrator so you can initiate a criminal prosecution.

Of course, all of this is damage control which is a VERY poor substitute for prevention. So go back to Item 1. and calendar your domain name due dates to avoid getting into this mess in first place.

"Needless to say, I declined, number one, I did not want to USE name anyway and number two, that was ransom!

"Well, tonight I found out that this company is parking a PORN site at that domain name and once again offered to sell it back to me for $550.00. I feel this is obvious blackmail but not only do I not have money, I would not pay that ridiculous amount even if I could.

"My eBook had a "live" link that was accidentally left as jtdbizopps.com instead of marketingwarrioress.com though both my compiler and I thought they had all been changed.

"I was told off by a new subscriber who eagerly downloaded my eBook and then clicked link that went straight to porn site. I have spent past 3 years working myself half to death, as I know YOU know about, and now my credibility and NAME are in danger due to this "person" using my ex-domain for this purpose.

"I know there is no way to get name back without paying for it and/or stopping this "person" from using it for this or any other business, but I am hoping there is some damage control I can do to maybe make it worth his/her/ITS while to discontinue using a domain I can prove I had been using for over 2 years in this way if it hurts my business or name in any way.

"Sorry for rambling, but once I quit crying, screaming, throwing up, crying and screaming some more I am now down to incoherent stuttering.

Jan T-D Marketing Warrioress and Publisher (Rim Digest) charter iCop member"

My primary motivation in writing this article is to help get word out about what has happened to Jan so that, hopefully, those who do not know her will realize that she is, in fact, an innocent victim in all of this and not some nefarious person who gets her kicks from enticing people to visit a porn site when they thought they were visiting an internet marketing site.

That said, what lessons can we all learn from Jan's experience? Well, there are a few ...

1. KNOW WHEN YOUR DOMAIN NAMES EXPIRE AND RENEW THEM BEFORE THEY LAPSE

First and foremost, know when your domain names expire and take steps to renew them before they lapse. As Jan's experience illustrates only too well, there are vultures out there just waiting to swoop if you make even one false move. There are no second chances in this business and, until law catches up with reality of doing business online, it's every man and woman for themselves.

2. SOME THINGS COST MORE THAN MONEY

The second point to note is that Jan allowed her registration to lapse because she wanted to spend $10 rather than $35 (per year) to renew name. That decision cost her a whole lot more than $25. Once your good name and reputation are cast into doubt, no amount of money can get them back.

I know Network Solutions cop a lot of flak and possibly deservedly so, if some of stories I've heard are true. All I know is that my domain names are registered and renewed with them and I haven't had any problems (touch wood).

Bottom line, make sure your names are registered, stay registered and that you use a reputable domain registrar.

See It Could Happen To You - Part 2 for remainder of article.