retired_member11

I was wondering if a DRS might be appropriate in the following circumstances?

A domain is registered to a party with Rights (under DRS Policy definition) to a mark the same or similar to the domain. Another party with Rights to the same mark, but trading in an entirely different market to the registrant - i.e. different goods and services- asks the registrant if the domain is available to purchase. The reply from the registrant is that it is available, the purchase price being GBP x,xxx. Is that 'abusive' under the DRS Policy? I'm not sure.

retired_member6

Why do you mention drs? they enquired you told them, what's abusive?

tmsdomreg

My initial thoughts are that it isn't abusive - because the Registrant is using/has the name "correctly" within his rights, and the would-be Registrant would be entitled to the name (if it was freely available) within *his* rights.

I have to add, though, that I'll be interested to read other more DRS-experienced contributors responses, because I'm by no means experienced in this area.

Peter

retired_member6

The person asking is being abusive by asking if it's for sale, bugger 'em. Nothing to worry about surely? it's like the old bill setting up a person and expecting the charge to stick.

tmsdomreg

Hi Lee - but that's what I don't understand - what's abusive about enquiring if a domain name is for sale? The current Registrant may consider selling if the price he gets is attractive enough. Maybe business is bad and a good sum for a replaceable domain name might get them out of a jam

Peter

retired_member11

The point is does having Rights allow the registrant to run across the similar Rights of the potential buyer by asking for a sum greater than their out-of-pocket expenses?

I can see that the registrant is able to sell to a party without Rights without it being at all abusive under DRS, but what about to a party WITH Rights?

retired_member11

Yes, but they could simply say that the domain isn't for sale. However, they ask for GBP x,xxx. A police set up is perhaps the creation of false evidence, but here the registrant did quote a price in excess of their out-of-pocket expenses.

retired_member6

The rules are crap and don't make sense, every registration is abusive if the silly people at nominet don't realise a domain is an asset, out of pocket expenses is ridiculous. Just ignore it but I'm sure someone will give you a better answer.

Say they do drs you, just keep all documents and state in defence what their game was all along. Quote what you feel is right or simply say what I say "domains are a part of my business, I may sell before development if I feel the cost is equal or more to the cost of development or possible revenue gained thereafter." Ask them to make an offer or if you're that worried get them to sign a bit of paper syaing they won't drs you if you state an amount but saying that gives them knowledge of such a proceadure.

Just say what you want for it, keep all evidence and use it against them if they try it on.

retired_member6

Yes argonaut but they made you say it by enquiring, they asked and they got an answer, just dress up your response as if you don't want to sell but BECAUSE THEY ARE ASKING you told them what it's worth to you as a company and as an ongoing asset vital and valuable to company operations either now or in the future.

tmsdomreg

I was not aware that domain name values were limited to out of pocket expenses - so long as both parties have their individual rights to the name within DRS interprestation, surely the price is something that can be mutually agreeable to each party.

I have the family-name.co.uk - and under normal circumstances wouldn't part with it. But if someone was to make me an offer I couldn't refuse....

As I understand the case in this instance, *both* parties have equal rights, albeit under different types of Goods/Services.

Peter