is any domain safe from drs?

after reading through these posts it seems to me that potentially no domain name is safe - even generic

say i had happy.co.uk parked for 10 years doing nothing minding its own business..

5 years into my 10 years a business called Happy Ltd start trading.

5 years on again they decide they want happy.co.uk but cant have it cos people like us have it

If I were Happy Ltd I would think - I want happy.co.uk, their not using it (or they could be) Ive been trading for 5 years under Happy Ltd & TM so I must have a reasonable case - so I will go DRS.

So my question is - it is all decided by nominet behind closed doors if Happy Ltd have a case?

 

independent experts

 

I'm not up on the very latest cases, but normally for you to lose a DRS doesn't it have to be proven that it was an abusive registration? If you had the domain before the company existed, it can't possibly be an abusive registration.

Rgds

Accelerator

 

It's not only abusive registration it's prior rights and then after that entitlement to trade under that domain over and above another. I think that's where it starts to get silly and it's even worse if you don't trade under it, not regd it as TM with extension and then not even really using it.

I would be most upset if I lost any of my domains in a DRS which I have stored for development but it can happen and destroy a business but as we've seen with deleting and decisions whereby whole businesses got ripped apart because the domain was given to someone else, that nothing stands in the way of an independent expert and their £750 fee.

The process works - kinda, the business I'm on about was foolish anyway, it was either phones or videos but I can't recall the exact details but in a word, the only way you can be safe as safe can be is if you're pro active in protecting your rights in advance of any attempted reverse hijacking that may ensure in the future and that costs money.

Simply because to be pro active, you should reg a sub company or company, develop a site or dummy site, tm the domain, the generic keyword and under as many related definitions as possible, do your letterheads and do some advertising and then you might be half way to protecting your rights to holding that domain and there's probably other things you can do too.

Does that keep your domain and interests safe? I don't know but it's better than just parking it and peeing into the wind.

 

thx guys,

im just wondering who these independent experts are, where do they come from, what qualifications do they have etc.

- Can they be influenced?

- is it all done over the phone down the local pub?

 

Nominet isn't secretive about the DRS. There is a lot of information, including answers to all the questions you have asked at:

http://www.nominet.org.uk/go/drs

 

I am guessing:

automaton-example.co.uk
automaton-example.org.uk
catnap.org.uk
fpdns.org.uk
improving-performance.co.uk
incop.co.uk
incop.org.uk
internet.co.uk
n0m1net.org.uk
n0minet.co.uk
n0minet.org.uk
nomi.net.uk
nominated.org.uk
nominet.co.uk
nominet.org.uk
nominet-news.co.uk
nominet-news.org.uk
nominet-online.co.uk
nominet-online.org.uk
nominet-uk.co.uk
nominet-uk.org.uk
nominetnews.co.uk
nominetnews.org.uk
nominetonline.co.uk
nominetonline.org.uk
nominetsurvey.org.uk
nominetuk.co.uk
nominetuk.org.uk
nsec3.co.uk
nsec3.org.uk
openpgpsdk.org.uk
opensslwiki.org.uk
registrants-online.co.uk
registrants-online.org.uk
registrantsonline.co.uk
registrantsonline.org.uk
ukeg.org.uk
uksld.co.uk
wwwnominet.co.uk
wwwnominet.org.uk
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.co.uk
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.me.uk
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.org.uk

As pointed out elsewhere, Nominet do not have a contract with Nominet and therefore are not subject to DRS etc on names they own / register etc.

 

I'm surprised they kept internet.

 

Can someone explain why Nominet have catnap.org.uk?

Also prenoms are exempt from the DRS.

 

no difference, i'm afraid.

 

Technically yes - as Prenom names do not have a contract with Nominet.

However there are very few - if any - in that status still.

What gives Nominet the right to enforce a contract which means original owners of legit names come under the DRS is a whole new ball park

 

interesting - has anyone here got a pre nom - my oldest domain is 1998.

 

Precisely. No contract = No DRS. As soon as someone signs up to the T&Cs - then the DRS can kick in. One of the reasons for the drive to sign up pre-noms? :twisted:

 

Do Nominet UK have any right to refuse someone once they have committed to sign up to their own pre-nominet domain name?

 

drs

ok my thoughts on a drs

1. when landed with a DRS first thing to do is check out the company that has done the DRS on you.
2.lets say the have .com and you the .co.uk and the .com was registered before you go the .co.uk.
it thats the case then the firm have been negligent in registering the domain name as you can prove they got the .com also if they have .com the .com abides by USA Law and rules. also if someone DRS and they done have any name what so ever how can someone DRS you when they are not customers of nominet or have a UK TLD that abides by UK law.
3.also no one can force you to respond to drs if you are asking questions like
3a. ask firm for list of names they have and check when they where registered.
3b charge them for your time in reading the DRS complaint and charge nominet for the DRS if your running a commercial business the DRS expert is being payed for his services so should you.
4. take civil action and sue the other side and the sue the expert.
5. allways attack first by asking the other side for information if they refuse to supply you information to support your defence then you cant really be DRS.
6. eveytime you recive a letter for DRS sent a bill to the other side and nominet and charge them for reading the letter after all if there so called experts are getting payed and your running a business time is money and
basically thats what i would do.
But then again I never had a DRS
and if i did have drs would make sure sue the firm and the DRS expert personally and also Nominet after all they are the one that are selling you the name take your money and would be interesting to see what happens with that one

PS this if for really only generical names only if you have company names and others like it (Then you deserve all you get and dont moan when you know your the one being dodgy its puts other law abiding domainers in trouble)