Buy Sell Discuss UK Domain Names at AcornDomains.co.uk Domain Sponsor

Today's Drop Dates are: 07-11-2011 or 14-11-2011   All times are GMT. The time now is 07:12:22 PM.
Domain Name Sales Domain Software Calculate UK Domain Drop Dates Domain Registration NameDrive Domain Parking Subscribe to our Domains For Sale newsletter
Go Back   Domain Forum Acorn Domains Buy Sell Auction UK Domains > Domain Name Disputes & Scams > Domain Name Disputes
Connect with Facebook

Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

Closed Thread
 
LinkBack Thread Tools Display Modes
Old 22-03-2006, 12:18:33 AM     #1 (permalink)
Member
 
Mendis's Avatar
 
Join Date: Feb 2006
Posts: 49
Mendis is on a distinguished road

quick question on bad faith

probably a stupid question but i'm trying to get my head around some stuff ...
in this quote from a N.A.F hearing

“Paragraph 4(a) of the Policy provides that, to justify transfer of a domain name, a complainant must prove that …:
(3) the domain name has been registered and used in bad faith.”

Does the ‘and’ rather than ‘or’ in this last sentence suggest that a domain can be registered in bad faith as long as it is not used in bad faith and vice versa?”

Mendis
Mendis is offline  
Old 22-03-2006, 10:11:21 AM     #2 (permalink)
Junior Member
 
Join Date: Mar 2006
Posts: 1
jinxie98 is infamous around these partsjinxie98 is infamous around these parts

The NAF ruling you refer to relates to UDRP a policy established in 1999 for global domain names (com net org etc)

Nominet chose to ignore the wording of UDRP and instead decided to write their own policy in 2001 called DRS .

UDRP requires that the domain name to have been registered in bad faith AND used in bad faith.
Nominet DRS requires that the domain name to have been registered in bad faith OR used in bad faith.

This is a fundamental difference which allows decisions to take away co.uk domain names registered a long time ago, in some cases even before the complainant existed or registered a trademark or simply established "rights" (with DRS the complainant doesnt even have to have a registered trademark).
jinxie98 is offline  
Old 22-03-2006, 11:26:08 AM     #3 (permalink)

 
Beasty's Avatar
 
Join Date: Jan 2006
Posts: 617
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

Spot on Jinxie - a big difference that has proved very handy for a number of claimants.

But the DRS does not require "bad faith" - that was explicitly removed in the consultation period - as it is seen as harder to show than "abusive registration".
Beasty is offline  
Old 22-03-2006, 07:38:42 PM     #4 (permalink)
Member
 
Mendis's Avatar
 
Join Date: Feb 2006
Posts: 49
Mendis is on a distinguished road

Excellent explanation, thanks, I did think that 'and' was a bit ambiguous, Nominet obviously agreed. I'll have to make sure to read up on some more up to date and relevant examples.
Mendis is offline  
Old 22-03-2006, 09:59:30 PM     #5 (permalink)

 
texidriver's Avatar
 
Join Date: Feb 2005
Location: Beckofbeyond
Posts: 503
texidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond reputetexidriver has a reputation beyond repute

jinxie98
Junior Member

Welcome, you have a wise head on young shoulders.

but who trashed your reputation !

Last edited by texidriver; 22-03-2006 at 10:02:44 PM.
texidriver 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
Question for Ed @ NameDrive denchomsky NameDrive 2 21-02-2006 12:05:50 PM
Cooking question bb99 General Board 14 24-01-2006 10:06:17 AM
How to get a quick transaction with Sedo ratboy Sedo 7 27-09-2005 02:48:15 PM
Quick Question... .co.uk General Board 10 07-06-2005 04:17:07 PM




All times are GMT. The time now is 07:12:22 PM.


Powered by vBulletin® Version 3.7.3
Copyright ©2000 - 2012, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.6.0 RC 2
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".