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Subject: Telenor Pakistan hacked my Domain | Date Posted: Apr 16, 2008 1:16pm |  |
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| Telenor Pakistan Hacked my domain djuice.pk I was running my blog at djuice.pk and all of sudden it stopped working today. It is very strange that my domain is being transferred to Telenor Pakistan without any notification to me by my domain registrar. |
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Re: Telenor Pakistan hacked my Domain (p_n_lahore_pk) | Date Posted: Apr 17, 2008 2:59am | |
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| Hello, This isn't hacking, Djuice is a Trademark name of Telenor Pakistan and by registering the domain you have violated Section 1(a), 4, 15, 25(iii) of PKNIC's Domain Registration Policy which you have agreed at the time of registering the domain. According to that policy: PKNIC reserves the right to cancel, or transfer the domain to the claiming party as per the ICANN's Uniform Domain Name Dispute As you mentioned that the registry have not contacted you with the Trade mark issue and have transfered the domain to Telenor Pakistan, by doing this they are violating the ICANN's Domain Dispute Policy, which they have accepted and implemented with minor amendments. You should contact your lawyer for any legal advice on the issue. Regards Mashahood Nizamani [This post has been edited by mashahood_niz on Apr 17, 2008 3:00am.] |
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Re: Telenor Pakistan hacked my Domain (mashahood_niz) | Date Posted: Apr 17, 2008 4:27am | |
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| """PKNIC reserves the right to cancel, or transfer the domain to the claiming party as per the ICANN's Uniform Domain Name Dispute""" But no dispute have been started with me. The Domain Was Registred To Me Before Telenor Got Their Trade Mark Approved. This is unethical and immoral to decide unilaterally to block hijack a domain without giving any prior notice to the other party. Thanks for your valuable responses. My domain have been hacked / hijacked by the Telenor Pakistan with the help of PKNIC Pakistan as they have never made a dispute against me over this. I have been running this blog very successfully from last one and half year. Well I know the PKNIC policies and other terms and conditions and I am also aware of the International rules by the ICANN. In any case before a domain transfer to the other party who claims that it may be their trade mark or infringing their rights one have to file a dispute and the PKNIC should have given me a chance to listen my version of statement on this issue. According to ICANN rules malafide intentions by the registrant should be proofed based on three different point failure of any one of this does not qualify the domain transfer to other party who make claims on this. These points by the ICANN are more or less as follows. 1. A Proof That Domain Was Registered in Bad Faith 2. A Proof That Domain is being Used by a Business Competitor 3. A Proof that Domain is not in Use and is Registered only for Re-Selling I have an in depth study of different Dispute Cases on Domains However I am Confident That By Law It was not possible to get my domain. So after one and half year Telenor have bribed the PKNIC Staff and they without listening my point of view blocked my blog. This transfer is 100% illegal and immoral and call into question the PKNIC quality of the service. I have shifted my blog to a new domain http://www.DjuiceBlog.com I am sure that Telnor can not bribe the .com registry this time. Shame on Telenor and PKNIC for steeling my domain with out any NOTICE without any CASE and without any Chance to LISTEN about my rights on this DOMAIN. THIS IS AGAINST THE LAW TO MAKE UNILATERAL DECISIONS [This post has been edited by p_n_lahore_pk on Apr 17, 2008 4:29am.] |
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Re: Telenor Pakistan hacked my Domain (p_n_lahore_pk) | Date Posted: Apr 17, 2008 4:51am | |
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| How come after two years telenor got an idea djuice.pk is their trade mark [This post has been edited by p_n_lahore_pk on Apr 17, 2008 4:52am.] |
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Re: Telenor Pakistan hacked my Domain (p_n_lahore_pk) | Date Posted: Apr 17, 2008 8:15am | |
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| Hello, I agree with you that PKNIC has done wrong by not listening your side. The Domain Was Registred To Me Before Telenor Got Their Trade Mark Approved. I am sorry but personally* I may not completely agree with your above statement, Take a look at a Press release by Telenor Pakistan which stats that Djuice was launched on Mar 15, 2006 and you registered the domain (djuice.pk) on July 19, 2006, BTW Djuice has been trademark of Telenor since its launch in 2000. The decision whether Djuice was the registered as a Trademark (in Pakistan) at the time you registered the domain should be decided by the court. I have shifted my blog to a new domain http://www.DjuiceBlog.com I am sure that Telnor can not bribe the .com registry this time. You should be careful, try to avoid domains with trademark or even similar to those, because there have been cases in which the similar domains were taken off line by the courts/ICANN. *This is completely my view it has nothing to do with PKNIC nor Telenor and I am no way affiliated with Telenor/PKNIC. My view is based on researching online about the issue. Regards Mashahood Nizamani |
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Re: Telenor Pakistan hacked my Domain (mashahood_niz) | Date Posted: Apr 17, 2008 8:55am | |
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| "I agree with you that PKNIC has done wrong by not listening your side." You have agreed this? so you have to admit that this is not a legal transfer of domain and it can said as Domain Hijack or Domain Hack. I fully respect ICANN's rules and fully agree with you that ICANN can decide about domain. But in my case i have been never notified. You mentioned "The decision whether Djuice was the registered as a Trademark (in Pakistan) at the time you registered the domain should be decided by the court. " I fully agree with you. So the PKNIC without telling or properly notifying me decided this domain transfer. Many International variants of djuice are not actually owned by the Telenor like djuice.co.uk DJUICE.TV DJUICE.WS djuice.org djuice.info So why only djuice.pk is victim of this biased self decision by PKNIC |
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Re: Telenor Pakistan hacked my Domain (p_n_lahore_pk) | Date Posted: Apr 17, 2008 11:14am | |
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| Hello, In your case PKNIC have done an illegal act and have violated its own rules. I think that though the act of transferring trademark domain to respective owner is correct but the way the act is done is illegal. Many International variants of djuice are not actually owned by the Telenor The reason may be that Djuice/Telenor have registered trademark in Pakistan and no one from your mentioned domains have criticised them, you were also having 4th position in Google Search (pk) on the term "Djuice" this may have also disturbed them. Regards Mashahood Nizamani |
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Re: Telenor Pakistan hacked my Domain (mashahood_niz) | Date Posted: Apr 17, 2008 4:11pm | |
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| Well I am sure I had registred this domain before their trade mark approved in Pakistan. [This post has been edited by p_n_lahore_pk on Apr 17, 2008 4:11pm.] |
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Re: Telenor Pakistan hacked my Domain (p_n_lahore_pk) | Date Posted: Apr 19, 2008 6:21am | |
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| Dear Aslam-o-Elikum, Yesterday I have received some serious threats via telephonic calls from the DNDRC (Domain Name Dispute Resolution Center for .PK) domains regarding my complaint on the domain djuice.pk, They have pressurized me to withdraw my complaint. As a matter of fact I had already proved them that I have never been contacted by them on this domain dispute. Well I have no spare time to indulged any further debate on this issue so i was forced to withdraw my complaint. May Allah Help My Pakistan from these Brutal Forces Regards Imtiaz |
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Re: Telenor Pakistan hacked my Domain (p_n_lahore_pk) | Date Posted: Apr 19, 2008 6:49am | |
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| copy of e-mail send to DNDRC Regarding my domain djuice.pk what ever had happen is not good. Today this domain have finally been transfer to Telenor Pakistan even though I have proved that no prior contact either from PKNIC, from DNDR or any of you assigned arbitrator have been made with me. I am really not surprised on this unilateral and biased decision and ultimately transfer of my domain as in Pakistan where Chief justice of Pakistan (Honorable Iftikhar Ch.) by himself is fighting for justice how come an ordinary domain owner can expect any justice or a judicious decision. Just as a matter of information to keep things clear I would record some of my observations which may or may not satisfied you for my claim on this domain djuice.pk 1. The Domain Djuice.PK was not registered with any Bad Faith 2. The time when this domain was registered as per my knowledge Telenor was not having this as a approved trade mark. 3. Telenor have never made it public that it have applied for Djuice as a trademark in the media 4. On my website it was clearly written that Djuice.Pk is not affiliated with Telenor 5. I was not running it as a mobile company It was a blog 6. I have never used term Djuice for my website but it was called as "djuice.pk" 7. As per my knowledge having a trade mark in one country does not automatically qualify for all other countries that is why still many variants of the Djuice are not owned by the Telenor e.g djuice.co.uk djuice.tv djuice.ws djuice.org djuice.info 8. The time when i registered my domain the Djuice Trade Mark in the USA Patent office was expired. 9. In any case if this was legal right for the Telenor to have this domain this should have been done amicably through rules and procedures of the DNDRC and PKNIC by properly notifying me on my email address listed at domain record held by the PKNIC and not on a self assumed address admin@djuice.pk 10. I fully respect ICANN rules and PKNIC policy but in this particular case it have been implemented wrongly 11. PKNIC and other registrar always give a first opportunity to the Trade Mark owner to register a domain during sunrise period since by that time it was not an approved trade mark in Pakistan Telenor did not applied for the same. 12. Many domains which are listed at http://dotpk.pk/ and owned by a PKNIC partner websoul are real trade marks why these have been allowed by the PKNIC? Is this not against the PKNIC rules and term and conditions. Well I have left my case with Allah Almighty as in Pakistan courts by them self are seeking justice from the Allah. There is no rule of law in Pakistan. The best thing what i could do was to left my case with Allah. And I will defiantly refrain myself from registering any .pk domain in future and will prefer .asia instead [This post has been edited by p_n_lahore_pk on Apr 19, 2008 6:50am.] |
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