These past few days I’ve seen and read a couple of so-called complaints over losing .com domain names because they lapsed or expired. Goes to show it still happens, despite various articles, measures and “advice” from other folks how to avoid that from happening.

Some of them even go as far as claiming their lapsed domain names were “stolen” from them. As in maybe taken from them without their knowledge and consent.

Frankly I get irked with that. But…that’s how some people are.

Anyway, the purpose of this blog article isn’t to berate them. Very few, if any, want to be berated, after all.

Rather, I’d like to offer two things on the subject I titled above. I know anyone reading this doesn’t have to like or even agree with what I say here, but…at least consider what I’m about to say.

To begin with, I’d like to give a few explanations how and why this happens. This could help you understand the method behind the madness, if you may.

If this happened to you, you’re actually in good company. It occurs to the best of us, even big companies like Microsoft and the Washington Post if you checked online about them.

Truth is, we actually don’t own domain names. That’s certainly a romantic idea, but I once blogged why that’s the case.

IMHO, I don’t see that changing any time in the future. No harm trying to change that, though, especially if one’s really that determined.

Moving along, I next want to give some options. Options on what to do if your domain name had indeed expired and lapsed.

Before I state those options, though, I want to make something clear here.

Quite honestly, there’s no 100% surefire guarantee any of these options will work. I know that sucks, but bear with me a bit on this one.

The main reason these options might not work is because they mainly depend on what state the domain name is in and who currently has it. Depending on who you’re potentially dealing with, they might or might not even bother to reply at all if they especially don’t “feel” like it.

With those aside, let’s start.

First, see what “state” the domain name is in. If you do its WHOIS lookup, check especially the Expiration Date, Last Updated Date and/or Status lines.

Especially if the Status line says “inactive” itself, they’ll tell you if the domain name is still expired but can still be renewed. Obviously it should be renewed as soon as possible if it’s still there.

Now, here’s where it can get possibly messy. Specifically, if you renewed the domain name, got billed on your form of payment such as a credit card, yet the domain name wasn’t renewed as it should’ve, then contact the registrar immediately as all might not necessarily be lost.

I once wrote that various registrars try to “auction” an expired domain name before they delete it from their systems. If it wasn’t renewed during the registrar’s “grace period” itself, then you still might have a chance of getting it during their “auction” or “backorder” period.

Note one: registrars have different policies how they’ll handle expired domain names. Many of them are similar yet have different timeframes, so check with the one that “holds” the domain name for exact details.

If you availed of the registrar’s backorder or auction service and either: a) you’re the sole bidder, or b) you’re the highest winning bidder, then chances are the domain name will “award” you the domain name. You might get charged a higher fee, but you can work out the details later as the first priority is trying to get the domain back.

If what I described above happened to you and you got the domain via backorder or auction, then talk to the registrar about being maybe refunded for the renewal fee. Don’t necessarily expect them to “compensate” you to the tune of thousands of dollars, but they might do something to try (well try, anyway) making up for what happened.

But let’s say the expired domain name was eventually auctioned off and transferred to someone else 72 hours after its conclusion, and you really didn’t renew the domain on time. I know this is going to seem rather odd or even outrageous to some, but talk to the backorder or auction provider ASAP as some usually “reverse” it.

Note two: not all backorder or auction providers reverse the process, especially if they’re able to see everything was legitimate and the registrar partner was not “completely negligent” in letting it expire. If they do see they became remiss somewhere, though, some are prepared to return the domain name to its original owner and refund whoever won the original backorder or auction.

Let’s then assume the domain name wasn’t renewed or acquired via backorder or auction. Especially if it’s a .com, it’ll switch to its Redemption Grace Period.

Redemption Grace Period (RGP) is a 30-calendar day timeframe where domain names can still be “redeemed” by its last sponsoring registrar, especially if the registrar “accidentally” deleted it. By accidentally, I mean the registrar deleted the paid domain name when it really shouldn’t have.

If the domain name “legitimately” expired and was later deleted due to non-renewal, then the registrar can get it back for its last listed owner. Be aware that all registrars charge a fee higher than your standard renewal fee, as they’re also charged a higher fee for obtaining it within that 30-day period.

Note three: last I checked, registrars are not required to offer RGP. Many do anyway as it’s usually a win-win situation for everyone involved.

One caveat: one must avail of RGP within those 30 days and not delay any further. If the request is made during, say, day 29 of its 30-day mark, then there might not be enough time to get it back before it reaches the point of no return.

Thus, time may be of the essence. The sooner you decide and contact the registrar to try getting it within RGP, the sooner you might…might…get it back and not lose it to someone else when it becomes available again.

I don’t always recommend this. But if you really and truly believe that absolutely no one (and I mean no one) is remotely interested in the lapsed domain name, then you can always wait for it to become available.

As an FYI, .com domain names stay in RGP for 30 calendar days, then what’s called Pending Delete for five days (the point of no return I said earlier), then it’s released for availability on its “6th” day between one and 2:00 PM Pacific Time. If the Status line indicated it’s on RGP or PD, check the last updated date and count anywhere from 5-6 to 35-36 days from it.

For example, the lapsed domain name switched to RGP on its last updated date of May 15, 2009. Counting 35-36 days from May 15, that means the domain name might become available by June 20-21.

Similar thing if the domain is in Pending Delete status with last updated date as June 15, 2009. Counting five to six days from June 15, the domain becomes available by June 20-21.

Now, here’s the most difficult part. What if someone else either bought the domain name via backorder or auction, or re-registered it before you did?

At that point, you only have about two practical options left.

One, you try to buy it from its listed owner. Some might sell, others might not.

This is where you’ll practically have to negotiate, or at least learn how to. And hope and pray the owner gives you their attention.

Be prepared for its owner to quote you a possibly outrageous price. If that happens, then it’s up to you to decide how much it’s worth it to you to pay up.

Two, and this is also possibly outrageous, seek legal advice. That’s especially if you indeed have a trademark on the domain name-sake, and if you indeed have an enforceable claim.

Also be aware, though, that having a trademark doesn’t mean you have a claim towards the domain itself. Some are no-brainers, others aren’t so cut and dry.

That’s why seeking a lawyer, solicitor, etc. might be crucial in order to determine if it’s worth seeking legal action or not. Otherwise you might end up wasting time, money and effort over a losing position, and end up even more frustrated than before.

Well, okay. There is actually a third practical option, one that others won’t like either.

And that’s simply to register a variation of the original domain name. If you have like IHadAGoodDomainDOTcom, then get IHAVEAGoodDomainDOTcom, or something like that.

Point is, do something while there’s still possibly time and if there’s possibly a chance. If ever you find yourself in this situation, feel free to let me know and we can both check if it’s still possible to get the lapsed domain back.

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