Domain Manage

Can "nobody" issue a DRS

Discussion in 'Domain Name Disputes' started by wiposucks, Feb 10, 2010.

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  1. wiposucks

    wiposucks Member

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    An Unincorporated Association is a ,and I quote here,;
    "..Unincorporated associations have no separate legal identity, cannot own property and cannot issue legal proceedings..".

    This is a question posed for a friend. Could such Unincorporated Association issue a DRS let alone own a domain name ?

    WP
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. bb99 United Kingdom

    bb99 Well-Known Member

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    Another way to look at it would be can an unincorporated association form a registration contract with Nominet (which is what would happen if they won a DRS)?

    The Nominet registrant types are here:

    Registrant Types

    One of those is "OTHER - UK Entity that does not fit into any of the above (e.g. clubs, associations, many universities)".

    So on that basis, it looks like the answer is "yes".

    Are you sure your definition of an unincorporated association is correct? I'm not saying either way, I'm just checking...
     
  4. wiposucks

    wiposucks Member

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    BB, yes please read below;
    Unlike companies and other corporate bodies,
    unincorporated associations have no separate legal
    identity. This means that an association:
    · is unable to enter into a contract in its own name;
    · cannot itself be liable for crimes committed in its
    name;
    · cannot itself be liable for any harm caused to a third
    party; and
    · is unable to hold title to land or buildings in its own
    name.

    I dont know the answer yet but my friend is of
    course looking into it and once I hear I will report.

    WS
     
  5. wiposucks

    wiposucks Member

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    Erm also, since they cannot enter into contracts HOW would they accept the terms & conditions of Nominet/Registrar ?.

    WS
     
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  6. aZooZa

    aZooZa Well-Known Member Exclusive Member

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    "Although an unincorporated association cannot own property, it may be able to set up a trust to legally hold ownership of property and assets for the community they are intended to benefit."

    "Unincorporated associations have no separate legal identity. This means that their members will have to sign loans and contracts as individuals and carry the risk of personal liability."

    Unincorporated associations | Business Link
     
  7. wiposucks

    wiposucks Member

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    Yes agreed, but this still leaves my friend concerned as to HOW an Unincorporated Association HAS actually registered a domain AND issued a DRS ?.

    WS
     
  8. wiposucks

    wiposucks Member

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    Add to above "In the name of the UA and not any Trust".

    WS
     
  9. bb99 United Kingdom

    bb99 Well-Known Member

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    You often see DRSs whereby there is confusion regarding the complainant's identity. This happens when you get say a company director who has put it in his own name but he should really have put it in his company's name. Or when a subsidiary company has filed the DRS but it's the parent that has the 'rights' under the policy.

    In these cases, the experts can usually see what's gone on and they are quite flexible in acknowledging the balls up and acting accordingly. The DRS is meant to be accessible to the layman, and the layman perhaps doesn't appreciate that he and his limited company are in fact two separate legal entities.

    The bits quoted above from Business Link suggest that someone from the UA ought to have submitted the DRS (or registered the domain name) in their name on behalf of the UA.

    So if the point of the question is to try and challenge the validity of the DRS on this technicality, I'm not sure that the expert would be so rigid!


    If a domain is registered in the name Mickey Mouse, one can report this to Nominet and they will look into it because it's inappropriately registered. If you are right about the UA not being able to enter into a contract, maybe report the domain to Nominet and see if they agree?

    IANAL, I am a know all plonker, etc, etc.
     
  10. wiposucks

    wiposucks Member

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    BB thanks again for your input. I have spoken to my friend and he has said that definately this was not a mistake by them ,they registered the domain in the name of the UA. They also had their lawyers file the DRS in the clear name of the UA and my friend has found out that ALL their trademarks registered to the name of the UA are all invalid.
    Should be interesting.

    WS
     
  11. bb99 United Kingdom

    bb99 Well-Known Member

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    Agreed! Hope to read about it in due course ;)
     
  12. wiposucks

    wiposucks Member

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    I have been updated by my friend as follows;

    "Nominet Counsel has advised that it is not for them to interfere in
    these matters and even a party that does not legally exist can register a domain and issue a DRS . That is what they have effectively said. They said it is for the "expert" to decide ".

    Hmm, strange that it is only seemingly Nominet that let
    non entities enter contracts that they cannot legally enter.

    WS
     
  13. bb99 United Kingdom

    bb99 Well-Known Member

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    In this case it would be helpful to see the question/s asked of Counsel and their full response, so as to ensure that no spin was being applied...
     
  14. wiposucks

    wiposucks Member

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    BB, will see what can find out although he did say he doesnt
    want to tell me too much as is at sensitive stage but will ask.
    I think that all that was simply asked was how it was that an unicorporated association could issue a DRS when it is not a legal entity able to do so. Will ask and post if can find out,

    WS
     
  15. retired_member12

    retired_member12 Retired Member

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    The name still exists, it's just than the contract between Nominet and the registrant doesn't exist, so Nominet could revoke it if they were minded to. A bit like the prenoms at the time!
     
  16. wiposucks

    wiposucks Member

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    Just heard the latest on this. The Complainant is failing to advise the Respondent what their legal status actually is (i.e. are they limited company, partnership etc etc) and Nominet seem to be saying they do not care.

    Is the Respondent not entitled to know who actually is taking the DRS so he can properly reply ?

    WS
     
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