Is Nominet's policy killing the domain name secondary market ?

ajudikat · 15-11-2005, 11:58 AM

Nominet's DRS has confiscated another generic domain name.

Six years after the domain name was registered, Nominet has confiscated alternate.co.uk registered in July 1999
DRS Case alternate.co.uk

Does Nominet transfer it to one of the 30 UK companies registered at Companies House with the trading name "Alternate something or other"
http://wck2.companieshouse.gov.uk

No, Nominet transfer it to a German company with associated businesses in Netherlands and Spain (no mention of any UK associated businesses) which registered a trademark in 2001, 2 years after the domain name was registered.

The word "alternate" is generic.

Game.co.uk was a generic domain name registered in 1999 but that too was taken away from the domain name owner.

Are generic domain names safe ? Is Nominet's policy killing the domain name secondary market ?

ratboy · 15-11-2005, 12:34 PM

It was probably cheaper to DRS than to agree a price with this guy, as it was on for £10k.

Do you think this German company might be considering UK expansion ....???????

FC Domains · 15-11-2005, 12:39 PM

This is wrong.
Surely that specific registration has to be abusive, not that some others might be. Maybe Nominet could give a ruling on this.

The registrant didn't reply, but even so it looks straightforward.
As far as 'alternate.co.uk' goes, it's very difficult to see how it could be abusive. It doesn't seem to contravene any of the rules.

I doubt that the registrant has ever heard of this company and the domain wasn't linking to anything related to them. I assume it was registered purely as a generic word.

Nigel · 15-11-2005, 12:51 PM

Yes it does seem a very harsh decision and a very good point about companies house. Surely the 30 or so UK companies that use the english word 'alternate' have a much greater right to a .co.uk domain than a German company. In my view however, no-one should have exclusive right over a generic dictionary word apart from the person who had the foresight to register the domain first. It appears to me that the use of a community trade mark was probably the decisive factor. If so, that's the good old EU again allowing a foreign company to snatch a UK domain from a UK company and we are always so compliant! Can you imagine a Spanish or French registrar reaching the same decision?

Fishfinger · 15-11-2005, 01:43 PM

I wasn't too convinced by this other one below either. What a bunch of muppets.

DRS CASE 02839

Nigel · 15-11-2005, 02:41 PM

Big difference is that muppets is not a generic word that appears in the dictionary.

Just had a look thro' the list of DRS decisions on Nominet's website. Some of the attempts to secure domains from legitimate owners will make your hair stand on end. For example loans.co.uk trying to claim the domain loan.co.uk - amazing and true. Not surprisingly it failed but imagine the hassle and anxiety for the owner of loan.co.uk.

Fishfinger · 15-11-2005, 02:48 PM

Quote:

Originally Posted by Nigel

Big difference is that muppets is not a generic word that appears in the dictionary.

Muppet does appear in UK dictionaries as:

Muppet: (informal) a stupid or weak person.

Nigel · 15-11-2005, 02:58 PM

It's not in my Collins GEM - but it was printed in 1987! - in any event I assume that it is only because of the muppets that it has become a term.

ratboy · 15-11-2005, 03:11 PM

[edited] sorry me being a plonker.

Fishfinger · 15-11-2005, 03:16 PM

*Independent Experts* that are neither independent nor experts. Cost of filing complaints too low. Cost of appeals too high. Inconsistencies.

Nominets shortcomings are well know.

The only way to beat the corporate bullies is to fight back. Unfortunately, the owner of alternate.co.uk did himself, and the rest of us, no favours by not bothering to turn up.

------------
Respondent
There was no Response to the Complaint so the only available information about the Respondent comes from the Complainant, and is outlined below
------------

15-11-2005, 11:58 AM	#1
ajudikat Junior Member Join Date: Nov 2005 Posts: 1 No Classified Ratings Domain Trader Rating: (0% / 0)	Is Nominet's policy killing the domain name secondary market ? Nominet's DRS has confiscated another generic domain name. Six years after the domain name was registered, Nominet has confiscated alternate.co.uk registered in July 1999 DRS Case alternate.co.uk Does Nominet transfer it to one of the 30 UK companies registered at Companies House with the trading name "Alternate something or other" http://wck2.companieshouse.gov.uk No, Nominet transfer it to a German company with associated businesses in Netherlands and Spain (no mention of any UK associated businesses) which registered a trademark in 2001, 2 years after the domain name was registered. The word "alternate" is generic. Game.co.uk was a generic domain name registered in 1999 but that too was taken away from the domain name owner. Are generic domain names safe ? Is Nominet's policy killing the domain name secondary market ?

15-11-2005, 12:39 PM	#3
FC Domains Join Date: Mar 2005 Posts: 726 No Classified Ratings Domain Trader Rating: (100% / 28)	This is wrong. Surely that specific registration has to be abusive, not that some others might be. Maybe Nominet could give a ruling on this. The registrant didn't reply, but even so it looks straightforward. As far as 'alternate.co.uk' goes, it's very difficult to see how it could be abusive. It doesn't seem to contravene any of the rules. I doubt that the registrant has ever heard of this company and the domain wasn't linking to anything related to them. I assume it was registered purely as a generic word. __________________ Colin FC Domains Domains drop-caught and sold at wholesale prices

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15-11-2005, 12:34 PM	#2
ratboy Join Date: Sep 2005 Posts: 1,384 No Classified Ratings Domain Trader Rating: (100% / 28)	It was probably cheaper to DRS than to agree a price with this guy, as it was on for £10k. Do you think this German company might be considering UK expansion ....???????

15-11-2005, 12:51 PM	#4
Nigel Join Date: May 2005 Posts: 384 No Classified Ratings Domain Trader Rating: (100% / 3)	Yes it does seem a very harsh decision and a very good point about companies house. Surely the 30 or so UK companies that use the english word 'alternate' have a much greater right to a .co.uk domain than a German company. In my view however, no-one should have exclusive right over a generic dictionary word apart from the person who had the foresight to register the domain first. It appears to me that the use of a community trade mark was probably the decisive factor. If so, that's the good old EU again allowing a foreign company to snatch a UK domain from a UK company and we are always so compliant! Can you imagine a Spanish or French registrar reaching the same decision?

15-11-2005, 01:43 PM	#5
Fishfinger Member Join Date: Jul 2005 Posts: 56 No Classified Ratings Domain Trader Rating: (0% / 0)	I wasn't too convinced by this other one below either. What a bunch of muppets. DRS CASE 02839

15-11-2005, 02:41 PM	#6
Nigel Join Date: May 2005 Posts: 384 No Classified Ratings Domain Trader Rating: (100% / 3)	Big difference is that muppets is not a generic word that appears in the dictionary. Just had a look thro' the list of DRS decisions on Nominet's website. Some of the attempts to secure domains from legitimate owners will make your hair stand on end. For example loans.co.uk trying to claim the domain loan.co.uk - amazing and true. Not surprisingly it failed but imagine the hassle and anxiety for the owner of loan.co.uk.

15-11-2005, 02:58 PM	#8
Nigel Join Date: May 2005 Posts: 384 No Classified Ratings Domain Trader Rating: (100% / 3)	It's not in my Collins GEM - but it was printed in 1987! - in any event I assume that it is only because of the muppets that it has become a term.

15-11-2005, 03:11 PM	#9
ratboy Join Date: Sep 2005 Posts: 1,384 No Classified Ratings Domain Trader Rating: (100% / 28)	[edited] sorry me being a plonker.

15-11-2005, 03:16 PM	#10
Fishfinger Member Join Date: Jul 2005 Posts: 56 No Classified Ratings Domain Trader Rating: (0% / 0)	Independent Experts that are neither independent nor experts. Cost of filing complaints too low. Cost of appeals too high. Inconsistencies. Nominets shortcomings are well know. The only way to beat the corporate bullies is to fight back. Unfortunately, the owner of alternate.co.uk did himself, and the rest of us, no favours by not bothering to turn up. ------------ Respondent There was no Response to the Complaint so the only available information about the Respondent comes from the Complainant, and is outlined below ------------