Discussion in 'Domain Name Disputes' started by yesterday, Nov 23, 2006.
So what are the Acorn proposals?
Clear, concise, well argued.
Here's one for starters:
Nominet should introduce 43 new extensions.
to go with .ltd.uk
and each one should reflect the current trademark rules.
so chemicals is trademark category 1 so e.g.
bleaches is trademark category 2 so e.g.
.co.uk is one extension for 43 organisations plus 1 category of "others" all who think they have rights (at this moment) to the domain name.
It is bound to fail.
I don't think that a limited company name should have any more rights to a name as anyone else as there is a name .ltd.uk already set up for that purpose.
... well that is a start!
Its flawed before it even starts..... What would you do with TM of the same name in the same category?
trademark must have been/be issued on word and not on design.
There should be two decisions and a different party making each of them.
1) The decision that the useage was unlawful, breaks trademark, passing off etc etc
2) The decision of what is the remedy: transfer, no transfer but xxx, complainant pays remedy etc etc whatever.
This would lead to less mistakes by the "experts".
The terms and useage guidelines of registration should be clearly stated before purchase.
Too difficult? Let me see . . .
1) Please check the following database to see if there is a trademark for the WORD already registered
-> trademark database
note: if it is a word considered in general useage in the current english language (link to appropriate dictionary) then check if the trademark covers the word or just a particular application/design/colouring of that word
2) Check on this database whether there is a well known company with the name matching (or within reasonable typographic similarity) to the name you wish to register
With regards 1), if the required domain matches a trademark, then whilst we will not stop you from registering it, as a guideline, there have been cases where the trademark registrant has won back the domain name. We advise you not to register trademark domains.
With regards 1 & 2) b, if the required domain is a "generic" word, but either matches a company name or trademark then whilst the company involved may ask for it, it is Nominet's domain name policy that this is an acceptable registration.
Useage of a domain.
It is not Nominet's remit to monitor or regulate useage of a domain name, however bear in mind the following two areas of law in particular: Passing off and Trademark law.
If a domain is found to have been registered against any of the above guidelines and/or is found to be abusing any of those areas of law then Nominet has set up a system called the DRS under which the fate of the domain name in question is decided.
Also bear in mind that there is an extension .ltd.uk specifically designed to protect the names of limited companies, and thereby no special rights to the .co.uk domain are inferred.
2 years after the registration of any domain, irrespective of any of the above terms, the current holder is entitled to keep the domain.
Upon transferral of that domain, the new holder is also subject to a further 2 year "notice" period.
There is one .co.uk domain name to cover 43 et al trademark categories.
The current set up (courts or DRS) will always be a person/monkey/group of people/group of monkeys (whatever) that make arbitrary decisions on each case which will always be unsatisfactory to up to 42 of the parties.
Currently you can trademark a generic word if you draw it in pretty colours to make it distinctive.
Surely an extension of this is the domain name system. You can't get more distinctive than ownership of the unique domain.
It is the trademark arrangement that is therefore in need of change. There should be a 44th category - i.e. the owner of the domain name.
Passing off is already dealt with by it's own laws.
Separate names with a comma.