Legal Question in Technology Law in California

Domain Name Hijacking

My husband bought a domain name back in the late 90's. He began working as a public information officer for the county and allowed them to use and post information on his website. A person, his competitor also began working for the same county and gained access to the domain name codes and hijacked the site. My husband has been trying to pursue getting the site back since it happened. He didn't even know he could go to court about it. He took the guy to small claims in October and won. The guy appealed and the judge won't hear the trial because the hijacker is claiming ''Statute of limitations'' under personal property laws of California. The judge has given both sides about a week to prove there is or isn't a statute of limitations law. Our attorney is lost - we live in a small community and needs briefs on this. I've searched everywhere - can anyone help me?


Asked on 11/18/08, 11:13 pm

3 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Domain Name Hijacking

As Mr. Walton and and Mr. Stone point out, you have valid legal theories to pursue in order to ensure that your husbands case is not dismissed. My office is located in San Diego, if you would like to speak to me further, please do not hesitate to contact me.

Yours truly,

Bryan

619.400.4929

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Answered on 11/19/08, 1:08 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Domain Name Hijacking

Get an attorney who has heard of ICANN domain name arbitration procedures such as UDRP. And cybersquatting. And trademark law. Google these terms.

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Answered on 11/18/08, 11:31 pm
Timothy J. Walton Internet Attorney

Re: Domain Name Hijacking

Your attorney could start by researching the case of Kremen v. Cohen. If he or she needs additional assistance, please feel free to have him or her contact me by telephone or email.

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Answered on 11/18/08, 11:36 pm


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