Wake up Nominet

grandin · 21-06-2006, 10:58:27 AM

Wake up Nominet.....this is what people are innocently doing...

a thread on here states 'I'm no-one to give advice... but today I sent *** an email informing them that I've *****.co.uk for sale.

It might be worth it for them!
(It get's 200 hits a month (approx) with no weblinks).

***** isn't trademarked btw.

Lee

rob · 21-06-2006, 11:08:16 AM

Domain owner sends a company a sales email on a none TM name... ?

Could be lack of coffee but not seeing problem for registrant or Nominet?!

tmsdomreg · 21-06-2006, 11:16:10 AM

Quote:

Originally Posted by grandin

Wake up Nominet.....this is what people are innocently doing...

a thread on here states 'I'm no-one to give advice... but today I sent *** an email informing them that I've *****.co.uk for sale.

It might be worth it for them!
(It get's 200 hits a month (approx) with no weblinks).

***** isn't trademarked btw.

Lee

Am I missing something here? Why should this be of concern to Nominet?

Peter

tifosi · 21-06-2006, 11:40:22 AM

erm? isn't that proactive domain resale?

grandin · 21-06-2006, 12:05:44 PM

Sorry...it might be my misunderstanding.

Whilst the name hadn't been trade marked i thought it was a trading product/name that was used by the company approached.

If the domain name registrant approached that company knowing of that company at the point of domain registration then it could be deemed....to take unfair advantage of that companies rights'

Whether its generic or not has no bearing in this case as the act 'taken unfair advantage of the complainants rights' is the overriding factor. If you register orange when you know of orange the phone people and you immediately ask them to pay �1 million for it.........question Nominet is that taking unfair advantage of the complainants rights?

Lee

netserve · 21-06-2006, 12:19:19 PM

If the person approached decides that it should have the domain name because of some IP protection that it's suddenly discovered then it can complain to Nominet using the DRS.

You're talking about a 'complainants rights' when no one has made a complaint yet!

grantw · 21-06-2006, 12:21:31 PM

Quote:

Originally Posted by grandin

Sorry...it might be my misunderstanding.

Whilst the name hadn't been trade marked i thought it was a trading product/name that was used by the company approached.

If the domain name registrant approached that company knowing of that company at the point of domain registration then it could be deemed....to take unfair advantage of that companies rights'

Whether its generic or not has no bearing in this case as the act 'taken unfair advantage of the complainants rights' is the overriding factor. If you register orange when you know of orange the phone people and you immediately ask them to pay �1 million for it.........question Nominet is that taking unfair advantage of the complainants rights?

Lee

And the actions of this domain owner are a concern for you because..............?????

Grant

grandin · 21-06-2006, 12:38:11 PM

I am merely trying to highlight that by contacting rights holders (whether registered or not) you are in danger of losing a domain name whether its generic or not.

Why am I concerned? because I could of lost my domain names because I did not know what was/is lawful....some rights holders are setting traps for domain name registrants...........there is a lack of education.. we are not Trade Mark Attorneys

I was trying to highlight to Nominet that people genuinely do not know what is lawful in respect to rights and therefore you can not expect too much....people make mistakes but should a mistake lead to the transfer of a domain name?

Lee

diablo · 21-06-2006, 12:59:30 PM

ignorance of the law is no defence - I can't see how Nominet are at fault here

sneezycheese · 21-06-2006, 01:07:45 PM

Quote:

Originally Posted by diablo

ignorance of the law is no defence - I can't see how Nominet are at fault here

...It's not ignorance of the law, it's the inability to understand the terms contained within a contract.

Each of which are two very diferent things.

21-06-2006, 10:58:27 AM	#1 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	Wake up Nominet Wake up Nominet.....this is what people are innocently doing... a thread on here states 'I'm no-one to give advice... but today I sent * an email informing them that I've *.co.uk for sale. It might be worth it for them! (It get's 200 hits a month (approx) with no weblinks). *** isn't trademarked btw. Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

21-06-2006, 11:08:16 AM	#2 (permalink)
rob Founding Member Join Date: Jan 2005 Posts: 5,976 No Classified Ratings Domain Trader Rating: (100% / 37)	Domain owner sends a company a sales email on a none TM name... ? Could be lack of coffee but not seeing problem for registrant or Nominet?! __________________ Eat more chips! Dont let salad win! hey. how to sell a website \| sell your website to me whats the number for milk tokens? TDA Blue Badge Wrexham News Wrexham Weather Owain Glyndwr

21-06-2006, 12:05:44 PM	#5 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	my understanding Sorry...it might be my misunderstanding. Whilst the name hadn't been trade marked i thought it was a trading product/name that was used by the company approached. If the domain name registrant approached that company knowing of that company at the point of domain registration then it could be deemed....to take unfair advantage of that companies rights' Whether its generic or not has no bearing in this case as the act 'taken unfair advantage of the complainants rights' is the overriding factor. If you register orange when you know of orange the phone people and you immediately ask them to pay �1 million for it.........question Nominet is that taking unfair advantage of the complainants rights? Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays Last edited by grandin; 21-06-2006 at 12:11:11 PM.

21-06-2006, 12:19:19 PM	#6 (permalink)
netserve Join Date: Mar 2005 Location: UK Posts: 226 No Classified Ratings Domain Trader Rating: (100% / 1)	If the person approached decides that it should have the domain name because of some IP protection that it's suddenly discovered then it can complain to Nominet using the DRS. You're talking about a 'complainants rights' when no one has made a complaint yet! __________________ ************************************ ADSL �9.99 per month - www.discountadsl.co.uk

21-06-2006, 12:38:11 PM	#8 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	further clarification I am merely trying to highlight that by contacting rights holders (whether registered or not) you are in danger of losing a domain name whether its generic or not. Why am I concerned? because I could of lost my domain names because I did not know what was/is lawful....some rights holders are setting traps for domain name registrants...........there is a lack of education.. we are not Trade Mark Attorneys I was trying to highlight to Nominet that people genuinely do not know what is lawful in respect to rights and therefore you can not expect too much....people make mistakes but should a mistake lead to the transfer of a domain name? Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

21-06-2006, 11:40:22 AM	#4 (permalink)
tifosi Join Date: Oct 2004 Location: Lancashire Posts: 1,906 No Classified Ratings Domain Trader Rating: (100% / 9)	erm? isn't that proactive domain resale?

21-06-2006, 12:59:30 PM	#9 (permalink)
diablo Join Date: Nov 2005 Location: Bonnie Scotland Posts: 738 No Classified Ratings Domain Trader Rating: (100% / 37)	ignorance of the law is no defence - I can't see how Nominet are at fault here

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