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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 25-07-2006, 12:47:36 PM     #1 (permalink)

 
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Should Nominet be advising a potential complainant?

Having received a letter from a previous registant last week, we have been today exchanging email, today he tells me:

"We have been in touch with Nominet and they have advised that because you advertised <keyword> on your website <parking page> you have tried to "pass off" and profit from the name <company name>."

Should Nominet be really advising people on this before mediation stage?, I thought it was their job to remain impartial so how can they offer advise with only one side of the story?

I have asked for the Name of this person at Nominet and indend to find out how they have come to this conclusion.
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Old 25-07-2006, 01:02:07 PM     #2 (permalink)
Jac

 
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Quote:
Originally Posted by J2theIZZO
Having received a letter from a previous registant last week, we have been today exchanging email, today he tells me:

"We have been in touch with Nominet and they have advised that because you advertised <keyword> on your website <parking page> you have tried to "pass off" and profit from the name <company name>."

Should Nominet be really advising people on this before mediation stage?, I thought it was their job to remain impartial so how can they offer advise with only one side of the story?

I have asked for the Name of this person at Nominet and indend to find out how they have come to this conclusion.
Why do you assume that the potential complainant is telling the truth? It is just as likely he/she is trying it on.

Nominet is supposed to remain impartial prior to and including the informal mediation stage of the DRS. By impartial I mean they are not supposed to offer any opinion to either party. The official Nominet Policy is one of impartiality, I would therefore be suspicious of anyone telling you otherwise, especially when it seems they are trying to get the name back from you. Tactics are tactics... that's all they are... and people are prone to exaggerate if it suits their ends.

I'd force the issue on who at Nominet told him/her that because you want to make a formal complaint. I doubt they will be forthcoming with the name, which will corroborate what I have just said above.

Regards
James Conaghan
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Old 25-07-2006, 01:45:49 PM     #3 (permalink)

 
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Quote:
Originally Posted by Jac
Why do you assume that the potential complainant is telling the truth? It is just as likely he/she is trying it on.

Nominet is supposed to remain impartial prior to and including the informal mediation stage of the DRS. By impartial I mean they are not supposed to offer any opinion to either party. The official Nominet Policy is one of impartiality, I would therefore be suspicious of anyone telling you otherwise, especially when it seems they are trying to get the name back from you. Tactics are tactics... that's all they are... and people are prone to exaggerate if it suits their ends.

I'd force the issue on who at Nominet told him/her that because you want to make a formal complaint. I doubt they will be forthcoming with the name, which will corroborate what I have just said above.

Regards
James Conaghan
James,

I'm under no illusion that this person is telling the truth, I was mearly seeing what Nominets official stance on this was...I am indeed pushing to find out who has suggested this.

Looks like it will go to DRS although for some reason they are under the impression that DRS is free.
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