Read a name's ownership history before you buy
Before you pay for a name someone else held, read how it reached the seller. A theft, a past brand or a spam history travels with the name.
Chapter 5 of 13, 12 min read
A seller writes to offer you a short .com for well under what names like it sell for, and wants an answer by Friday. The registration record says the name was registered in 1998. The age looks like value and the price looks like luck, but neither tells you how the name reached this seller. That path can decide whether the name stays yours after you pay.
By the end you can read a name's past in the order its risks matter: the record and the price for theft, the archive for a former company or a spam past, and last how often it changed hands. You can read its dates as dispute panels do. You know which checks Unique Domains does, and which need a WHOIS history serviceWHOIS history serviceA paid site that keeps past copies of a name’s public record, so you can see who held it before and when it changed hands.Read the definition, the Wayback MachineWayback archiveThe Internet Archive’s saved copies of a site’s past pages, the way to see what a name was used for.Read the definition or the previous holder.
What you will be able to do
- You can spot the theft pattern: several owners in a year, a record change followed by a registrar move, and a price far under the last sale.
- You can read the Wayback Machine for a former company's use or a spam past, before you bid.
- You can tell a creation date, an update date and a purchase date apart, as dispute panels do.
- You can check a seller's story with the previous holder before any money moves.
One record, three different dangers
A name that changed hands four times in two years can mean three things, and they do not weigh the same. Either someone stole it and is moving it before anyone notices, or it carries a defect from an earlier holder, or investors simply traded it.
Theft comes first, because it can cost you the whole price. A holder who says a name was stolen can sue to recover it, and the buyer may then defend it in court.
A defect comes second. It can be a former company's trademarkTrademarkA registered right over a name inside one line of business. Owning a domain gives you no trademark, and a domain can collide with somebody else’s.Read the definition, a spam past that mail filters remember, or a rule of the company that runs the ending, and each can cost you the name or its resale.
Churn, which means how often a name changes hands, comes last. Elliot Silver reported on DomainInvesting on 17 November 2015 that 223 four-letter .com names had sold publicly twice that year, 171 of them at a profit. The report assumed that rising demand drove the resales, and added that some first deals may have fallen through. A count of owners is a prompt, not a verdict.
The theft pattern: quick changes and a low price
Andrew Allemann listed the warning signs on Domain Name Wire on 5 April 2010: run from a name that changed owners several times in the past year, and be wary of a record that suddenly changes and then moves to another registrarRegistrarThe company you buy and renew a domain through, such as Namecheap or GoDaddy. It does not own the name, it only registers it for you.Read the definition. The article adds that one sign alone is a warning, not evidence of theft, since many people buy and resell names quickly.
One lawsuit, which Allemann reported on Domain Name Wire on 17 September 2019, concerns 81.com. A buyer claims to have paid $360,000 for the name on 7 May 2013, and says it was stolen. The historical records Allemann read show the name at three registrars in about four months.
The records list a Japanese owner on 9 May 2013, two days after the claimed purchase, then a privacy servicePrivacy serviceA company whose name stands in the public record in place of a name’s holder. It hides the holder’s contact details and does not own the name.Read the definition on 11 July and a Chinese owner on 13 September. Allemann wrote that the name seemed out of the claimant's control for years. The article does not say how the suit ended.
The second sign is the price. Three-letter names have a floor priceFloor priceA price at which a kind of name finds a ready buyer quickly. Short names such as three-letter .com names have one.Read the definition, a level at which ready buyers take them quickly, and that makes them a favorite of thieves, Allemann wrote on Domain Name Wire on 7 October 2014. In that article's view, a good three-letter combination offered under $10,000 in 2014 meant something was wrong, and in many cases even $20,000 was too low.
Sold for $295,000 in 2018, $106,000 in 2021, then a theft claim
Case- Recorded sale
- $295,000 (2018)
- Bought through Sedo
- $106,000 (March 2021)
- The 2021 price against 2018
- about 36%, our arithmetic
- Suspicious logins alleged from
- February 2021
An investor bought 509.com through Sedo in March 2021 for $106,000 (Andrew Allemann, Domain Name Wire, 12 July 2021). The name had a recorded sale of $295,000 in 2018, and Allemann asked why a seller would take such a loss. There appeared to be more to the story.
A Chinese holder had come forward, claiming to have owned the name since 2018 and alleging it was taken from the holder's registrar account in March, the month of the sale. Suspicious logins from Hong Kong came first, the holder says, beginning in February.
The holder filed an in rem lawsuitIn rem lawsuitA lawsuit filed against the domain itself rather than against a person, often used when the holder is unknown or abroad.Read the definition, which is a suit against the name itself, in a US federal court. The article does not say how the suit ended.
The arithmetic is ours: $106,000 is about 36% of $295,000, a fall of $189,000 in about three years. The lesson is that a price that far under a name's last recorded sale is not a bargain. It is a question to put to the seller and to the previous holder before you bid.
Andrew Allemann, Domain Name Wire, 12 July 2021: Lawsuit alleges 509.com, sold for $106k in March, was stolen
Escrow protects the payment, not the title
EscrowEscrowA neutral third party that holds the buyer’s money and the domain until both sides have done their part, then completes the swap. It is how large domain sales avoid either side going first.Read the definition, or a marketplaceMarketplaceA site where owners list domains for sale and buyers make offers, such as Sedo or Afternic.Read the definition's checkout, holds your money until the name reaches your account, and then pays the seller. A name bought that way can still face a theft claim, as 509.com shows. The buyer in the case above had answered the suit, Allemann reported on Domain Name Wire on 8 October 2021.
In that answer, the buyer argued that the name was bought in a well-publicized auction at a recognized marketplace. That is a defense argued in court, by the buyer who paid.
The useful checks come before the money. In 2014, Allemann's advice for a liquidLiquidityHow easily a name could be sold again, and how long that would take. A name many businesses might want moves faster than one with a single plausible buyer.Read the definition name, one that sells quickly, was to read at least a year of its ownership history in a WHOISWHOISThe public record of who registered a domain and when. Most owner contact detail is hidden by privacy rules, but the dates are not.Read the definition history service, a site that keeps past copies of the record. If the owner had changed, the advice was to contact the previous owner. Allemann once narrowly avoided a stolen name that way.
Allemann's 2010 list of warning signs adds a phone call. By that list, a seller who refuses a short call on a five-figure deal is probably hiding something. Ask how and when the seller acquired the name, and then compare the answer with the record.
What sat on the name: read the archive
The Wayback Machine, the Internet Archive's copy of past web pages, shows what a name carried: a company's site, or a parking pageParked domainA registered name that shows only ads or a for-sale page instead of a site.Read the definition of ads. Dispute panels read it too. A panel deciding a complaint under the UDRPUDRPThe usual procedure for a trademark owner to claim a domain that copies their mark.Read the definition, the procedure for trademark claimsTrademark claimsA period after launch when anyone registering a trademarked word sees a warning first.Read the definition on names, may consult it, says WIPO's 2017 Overview of panel views.
A blank archive is a question, not a clean slate. The same overview says that panels have tended to view blocking the archive as neutral in itself. Blocking it to hide past pages, though, particularly once a trademark problem was raised, may support an inference that the holder was hiding abusive content.
Google had become the registrantRegistrantThe person or company the official record names as the holder of a domain. Changing the registrant can block a move to another registrar for a while.Read the definition of Goggle.com, Domain Name Wire reported on 20 October 2022, and the name's earlier pages were excluded from the Wayback Machine. The article quotes a description of the name as a typo site that some considered dangerous and that turned malicious in 2004.
The name was still on some blocklistsBlocklistA list of names that mail filters and internet providers refuse because of past spam or scams. A name can stay listed after it changes hands.Read the definition, the lists that mail filters and internet providers use to stop a name, and the writer's own provider blocked it with a scam warning. The holder had changed, but the blocklists had not.
The archive can also help a buyer. Helion.com was bought at a SnapNames auction for $9,445 in October 2012 and drew a complaint a month after that sale (Konstantinos Zournas, OnlineDomain, 28 December 2012). The panel checked the Wayback Machine: others had used the name since 1996, before the complainant's first use in 2005. The panel denied the complaint.
Bought for $1,718, lost to the fund that once used it
Case- Sold at NameJet
- $1,718 (December 2021)
- Complainant's use, per the archive
- until August 2005
- From last use to the sale
- 16 years, our arithmetic
Calpers.com sold at NameJet in December 2021 for $1,718 and was then lost in a UDRP, Elliot Silver reported on DomainInvesting on 25 August 2022. The complainant was the California Public Employees' Retirement System, known as CalPERS, and the registrant did not respond.
The name showed click-through ads, some of them for products competing with the complainant's. A name that matches a trademark and carries links like these invites disaster for its registrant, Silver wrote.
The panel did its own research in the Internet Archive. There, the name appeared to have been registered and used by the complainant through August 2005. It then appeared to sit unused until 2022, when it led to a parking page. The article adds that CalPERS appears to have been the registrant just before the name expired and went to auction.
The arithmetic is ours: sixteen years passed between the fund's last use and the sale, and the archive kept that use on record. The lesson is that the panel read the archive after the purchase, and a bidder can read it before. A name that a company let drop can still carry its trademark.
Elliot Silver, DomainInvesting, 25 August 2022: Sold in December for $1,718, Calpers.com Lost in UDRP
Read the dates as a panel reads them
A creation date belongs to the current registration, not to the name. Nominet, which runs .uk, proposed giving the oldest matching registration, such as a .co.uk, a first right to the same name directly under .uk, Kevin Murphy reported on Domain Incite on 18 June 2013. Under that proposal, a registration's date would reset if the name had ever dropped, but not if it had passed between holders.
Section 3.9 of WIPO's 2017 Overview says that a mere renewalRenewalThe yearly fee that keeps a domain yours. You pay it for as long as you hold the name, and on some endings it costs far more than the first year did.Read the definition by the same holder does not show registration in bad faith. Where an unbroken chain of possession is shown, panels typically do not treat a formal contact update as a new registration. But a transfer to a new holder is not a renewal, and a panel looks at bad faith from the day the current holder acquired the name.
So an old date counts for the holder who kept the name, while for a buyer the question starts on the day of purchase. The USPTOUSPTOThe United States Patent and Trademark Office, the public register searched to spot obvious trademark conflicts early. Searching it is a first check, never legal clearance.Read the definition and EUIPOEUIPOThe European Union Intellectual Property Office, the public register of EU trademarks. Searching it is a first check, never legal clearance.Read the definition registers show the trademarks in force, and a lawyer can read your own case.
An update date is not a purchase date either. A panel denied a complaint over Cabot.com, Elliot Silver reported on DomainInvesting on 4 April 2024. The name was registered in 1995 and, in the records Silver read, apparently had the same holder since at least 2001.
The complainant, whose mark was first used in 2009, had read a WHOIS update of February 2023 as a change of owner. The panelist answered that raw WHOIS data can be updated for many reasons, among them a nameserverNameserverThe server that answers for a domain on the internet, telling browsers and mail where to go. Changing it moves the site or the mail to another host.Read the definition change or a minor contact change.
What Unique Domains shows, and what it does not
WHOIS, on the Investor plan, reads the registryRegistryThe organisation that runs an ending, like the company behind .com. It sets the rules and the price registrars pay.Read the definition's record for one name, and the website's WHOIS gives one live lookup a day. Under Timeline, it lists the registration, the last change in the record, a recent registrar move and the expiry.
In Product, Changes in words adds what the versions we stored show: each registrar move with the registrar it came from, and whether the name dropped and was registered again. That history starts when we first read the name, and it shows no past holders, because we buy no ownership history.
In the Changes in words card, Deeper history: Domain Analysis opens the name's drawer at History for free. There you read Has a past, with the year the archive first saw the name online, A past with spam signals, or No past found, which, like any blank archive, is still a question. The pages themselves are in the Wayback Machine.
A hidden holder is slow to reach. In April 2024 registrars approved 19.16% of the requests sent through ICANNICANNThe body that sets the rules for domain names and approves new endings.Read the definition's service for hidden ownership data, and approval took 14.09 days on average (Kevin Murphy, Domain Incite, 16 May 2024).
Before you pay for a held name
Ask the previous holder before you pay
You write this to the previous holder you found in a WHOIS history service, when the price is low or the record changed recently.
Hello [name],
I am about to buy [domain] from [seller], who says the name came from you in [month and year].
Could you confirm that you sold or transferred it, and roughly when? One line is enough.
If you did not, you may want to look at your registrar account today. I have paid nothing yet.
Thank you,
[your name], [phone number]
Silence proves nothing, so wait for an answer before you pay.
Try it in WHOIS
Your turn- Open WHOIS, which is on the Investor plan, or use the website's WHOIS, which gives one live lookup a day. Type a name a seller offered you, or any held name.
- Under Timeline, write down the registration, the last change and any registrar move.
- In Product, read Changes in words. It shows each registrar move with the registrar it came from, and whether the name dropped and came back.
- Press Deeper history: Domain Analysis. The drawer opens at History for free, and shows Has a past with its first year online, or No past found. If it reads Not checked yet, press Load the history. Open the Wayback Machine at that year.
- Watch the name from its record: you get a mail when its registrar, status or nameservers change, or its lock comes off.
Sources
- Elliot Silver, DomainInvesting, 17 November 2015: 2015 Public LLLL .com Domain Flips & Flops
- Andrew Allemann, Domain Name Wire, 5 April 2010: 8 Clues a Domain Name is Stolen
- Andrew Allemann, Domain Name Wire, 17 September 2019: Man who paid $360k for 81.com says it’s stolen
- Andrew Allemann, Domain Name Wire, 7 October 2014: Due diligence is necessary before buying liquid domain names
- Andrew Allemann, Domain Name Wire, 12 July 2021: Lawsuit alleges 509.com, sold for $106k in March, was stolen
- Andrew Allemann, Domain Name Wire, 8 October 2021: 509.com buyer defends domain in lawsuit
- WIPO, May 2017: WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition ("WIPO Jurisprudential Overview 3.0")
- Domain Name Wire, 20 October 2022: Google Got Goggle.com
- Konstantinos Zournas, OnlineDomain, 28 December 2012: Helion.com gets hit with a UDRP a month after it was sold at Snapnames for $9,445 – The complaint was denied at NAF
- Elliot Silver, DomainInvesting, 25 August 2022: Sold in December for $1,718, Calpers.com Lost in UDRP
- Kevin Murphy, Domain Incite, 18 June 2013: Nominet brings back second-level .uk proposal
- Elliot Silver, DomainInvesting, 4 April 2024: Cabot.com: UDRP Panelist Made the Right Call
- Kevin Murphy, Domain Incite, 16 May 2024: It now takes TWO WEEKS to get a Whois record with RDRS
This course explains how the trade works. It is not legal or financial advice.