Domain Forum from Acorn Domains

Today's Drop Dates are: 15-01-2014 or 22-01-2014   All times are GMT +1. The time now is 10:21:01 AM.
Domain Sales Prices Services Offered Domain Software Domain Drop Dates Domain Registration Website Hosting Deleted Domains List
Go Back   UK Domain Forum Acorn Domains > Domain Name Disputes & Scams > Domain Name Disputes

Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

Closed Thread
 
LinkBack Thread Tools Display Modes
Old 02-11-2007, 01:23:47 PM     #1 (permalink)

 
Join Date: May 2007
Posts: 1,667
monaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond repute

DRS advise

I've been approached for advise on a domain name, my customer presently has the .com (about 10 years old) and .net (about 4 years old) and has been trading in the UK for significiantly longer than the .co.uk has been registered for.

The .co.uk's parked and is displaying ads which display a combination of ads relevant to my customer and also to his competitors.

Would you DRS or attempt to negotiate with the present registrant? (The domain's not listed as for sale on the parking service) If they contact the registrant, does this count against them if they did DRS later?
__________________
Alex Monaghan - Drop Catch & Drop Lists - PM for details
Online Accounting|Pine Furniture|Geek Shirts
monaghan is offline  
Old 02-11-2007, 02:32:15 PM     #2 (permalink)

 
Join Date: Mar 2005
Posts: 974
retired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond repute

Quote:
Originally Posted by monaghan View Post
I've been approached for advise on a domain name, my customer presently has the .com (about 10 years old) and .net (about 4 years old) and has been trading in the UK for significiantly longer than the .co.uk has been registered for.

The .co.uk's parked and is displaying ads which display a combination of ads relevant to my customer and also to his competitors.

Would you DRS or attempt to negotiate with the present registrant? (The domain's not listed as for sale on the parking service) If they contact the registrant, does this count against them if they did DRS later?
DRS/ legal can met messy. If your client has the necessary why not just open genuine negotiations to buy the .co.uk and save all the hassle?
retired_member11 is offline  
Old 02-11-2007, 02:38:45 PM     #3 (permalink)

 
Join Date: May 2007
Posts: 1,667
monaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond repute

My thoughts as well, just concerned that if they screw things up at this stage whether it would have a negative impact on their case if they did a DRS later.
__________________
Alex Monaghan - Drop Catch & Drop Lists - PM for details
Online Accounting|Pine Furniture|Geek Shirts
monaghan is offline  
Old 02-11-2007, 02:47:58 PM     #4 (permalink)

 
Join Date: Jan 2007
Posts: 1,040
retired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond reputeretired_member3 has a reputation beyond repute

Get someone else to query if it's for sale first. Test the water. Are you sure the owners not on here?

Remember DRS will cost circa 750 + Vat is the domain worth more than that?
retired_member3 is offline  
Old 02-11-2007, 03:28:39 PM     #5 (permalink)

 
Beasty's Avatar
 
Join Date: Jan 2006
Posts: 616
Beasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond reputeBeasty has a reputation beyond repute

Making a straightforward approach to try to resolve the problem is unlikely to prejudice your client's position if those negotiations fail.

Unless you pretty much know it is going to fail, I'd suggest that a less hostile approach might well produce the most cost effective resolution.
Beasty is offline  
Old 02-11-2007, 03:51:49 PM     #6 (permalink)

 
Join Date: May 2007
Posts: 1,667
monaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond reputemonaghan has a reputation beyond repute

Quote:
Originally Posted by hammer View Post
Remember DRS will cost circa 750 + Vat is the domain worth more than that?
Much more if you get your solicitors to handle it

I'm keeping out of the finances!
__________________
Alex Monaghan - Drop Catch & Drop Lists - PM for details
Online Accounting|Pine Furniture|Geek Shirts
monaghan is offline  
Old 02-11-2007, 03:54:05 PM     #7 (permalink)

 
Join Date: Aug 2006
Posts: 4,086
GreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond reputeGreyWing has a reputation beyond repute

Can't you just pay the fee for mediation, am I right in thinking nominet just charge 10 for that?





1
GreyWing is offline  
Old 02-11-2007, 04:01:12 PM     #8 (permalink)

 
Join Date: Oct 2004
Posts: 796
keys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond reputekeys has a reputation beyond repute

People with domains are easily annoyed by approaches claiming rights or infringements. The measure of their annoyance may be directly proportional to the number of domains that they hold.

Once they are annoyed they tend to be awkward to deal with, and sometimes even eager to argue a case. An informal approach is a good idea but is most likely to be ignored or met with "let me have your best and final offer and I'll consider it".

Last edited by keys; 02-11-2007 at 04:03:19 PM.
keys is offline  
Old 02-11-2007, 04:09:51 PM     #9 (permalink)

 
Join Date: May 2006
Posts: 1,306
grandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond reputegrandin has a reputation beyond repute

take a cut

Take a cut of the website showing the abuse. Whether or not the name belongs to the complainant unequivocally seems to have no bearing in the drs i.e. if you have rights and the ads take unfair advantage of your rights then you are likely to persuade the expert to rule in your favour.

Lee
grandin is offline  
Old 02-11-2007, 08:02:53 PM     #10 (permalink)

 
Join Date: Mar 2005
Posts: 974
retired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond reputeretired_member11 has a reputation beyond repute

Quote:
Originally Posted by grandin View Post
Take a cut of the website showing the abuse. Whether or not the name belongs to the complainant unequivocally seems to have no bearing in the drs i.e. if you have rights and the ads take unfair advantage of your rights then you are likely to persuade the expert to rule in your favour.

Lee
"...likely...". When one goes to law one loses control and your fate is then in the hands of others. There is no unwritten rule that acquiring a domain name has to be a confrontational process. I still recommend the polite and not too clever clogs approach first. I suggest by phone and not in writing, but say who you are - no cloak and dagger nonsense. Written communication can make the owner nervous.
retired_member11 is offline  
Closed Thread



Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Similar Threads
Thread Thread Starter Domain Name Community Replies Last Post
Critique, Advise & Feedback Needed Merlin Domain Appraisals 10 06-10-2007 07:14:26 PM
Advise Needed Merlin Website Design 2 03-10-2007 10:00:26 AM
I really need some .mobi advise. I am old school. lol todalen Domain Appraisals 0 11-01-2007 05:46:14 AM
Newbie...advise please jamesh Domain Name Scams 5 26-03-2006 08:00:20 PM
New User Seeking Friendly advise simonsez General Board 1 29-10-2005 05:32:57 PM


All times are GMT +1. The time now is 10:21:01 AM.


Powered by vBulletin® Version 3.7.3
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.6.1
All content on Acorn Domains is member generated and is not moderated before posting. All content is viewed and used by you at your own risk and AD does not warrant the accuracy or reliability of any of the information. The views expressed are those of the individual contributors and not necessarily those of AD. Please contact us to report any issues or send a PM to "Admin".