Domain Manage

Claim of ownership (possible DRS)

Discussion in 'Domain Name Disputes' started by ian, Jan 20, 2016.

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  1. ian

    ian Well-Known Member Acorn Supporter

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    Interesting email this morning! Been contacted by a company claiming the domain I recently caught is theirs, and due to a technical error on their system, they failed to renew it.

    They are being courteous about it so far (as they should), stating their claim, their trademarks (valid) and their ownership of all other extensions.

    They've said they'd like to come to a "mutual resolution" otherwise they'll go down the DRS route. Whilst the domain is worth very little (certainly more than my time), the principle is that I registered the domain fairly and haven't done anything with it that would damage their trademark/name. Though I have promoted the name to a few companies (seemingly theirs included) as for sale, but I believe this isn't a breach of any Nominet terms of ownership.

    If I start asking for money less than the DRS value, will they use this as evidence? Am I best asking them what they suggest is fair?

    I won't mention the domain name for obvious reasons and would respect you guys to avoid doing so too, but what should I do.
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. keys United Kingdom

    keys Well-Known Member Full Member

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    a few points to consider

    Trademarks and ownership of of all other extensions supports their claim, as does your offering the domain for sale to them or their competitors

    DRS will cost them £750 +VAT (£200 +VAT if you do not reply) plus their time and effort to prepare a case.

    The outcome of a DRS case is rarely a certainty, so they may be unsuccessful.

    Purchase of the domain assures a quick resolution for them at a known cost.

    It would be financially prudent for them to pay £750 or less. Within that range you can suggest a price, or invite them to make an offer for the domain.

    In the circumstances, you seeking a higher price would increase their chances of a successful DRS action.
     
  4. PoshTiger United Kingdom

    PoshTiger Well-Known Member

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    Yeah - I'd say the same..

    If you don't think it's a premium, then just suggest something to cover your time and an admin charge and be done with it.
     
  5. Edwin

    Edwin Well-Known Member Exclusive Member

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    Why did you register it? Was it a generic, or was the attraction the existing links to the company website? If the latter, and if it's non-generic I'd just hand it over to them...

    If on the other hand it's a pure generic that this particular company just happened to do a good job buying up across various extensions, then the advice earlier in this thread to seek some kind of compensation looks good.
     
  6. ian

    ian Well-Known Member Acorn Supporter

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    Generic words, caught/registered because of the number of potential end users using the name. The domain has no previous evidence of use and no links etc.

    Thanks all for the advice, I'll go back to them pointing out the associated costs of a DRS with no guarantee and see what they deem a mutual resolution to be.
     
  7. AssetDomains United Kingdom

    AssetDomains Well-Known Member

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    If its generic they wouldn't have much chance at DRS even with a trademark I think paramount is the only one that's gone in the favour of the holder and that was because the holder had advertising infringing the mark and didn't put up a great initial defence
     
  8. ian

    ian Well-Known Member Acorn Supporter

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    All sorted now, agreed a price below DRS rates. Let them lead negotiations so it wasn't perceived as targeted selling. All very amicable, they were actually very grateful that I was respectful of their error and helped guide them. I got more than I probably would have sold for anyway.
     
  9. bluerock

    bluerock Well-Known Member Exclusive Member

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    Glad you got it sorted but disappointed the Domainlore auction was pulled before it ended on 22nd as I was going to bid. :(
     
  10. ian

    ian Well-Known Member Acorn Supporter

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    I know, but it wasn't sensible for me to allow the auction to conclude, plus it had no bidders at that stage.
     
  11. bluerock

    bluerock Well-Known Member Exclusive Member

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    Bidding is allowed up until the auction ends. If you had actually received a drs I could understand more and would agree with you. But you did pull the auction and agree a sale privately.

    As I said earlier Im glad its sorted and for what its worth they would not have won the drs.
     
  12. invincible

    invincible Well-Known Member

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    Anyone prepared to state the domain name at issue now? Was it a nine character .co.uk?
     
  13. bluerock

    bluerock Well-Known Member Exclusive Member

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    Not for me to say, down to OP
     
  14. ian

    ian Well-Known Member Acorn Supporter

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    Believe me, I wanted this to sell at auction, but with a threat of DRS, it was the lesser of two evils. I cannot see it being a sensible approach to accept bidding on a domain that may or may not have been removed from my ownership. They had reached out to Nominet already to prevent transfer; whether that would have been honoured before a DRS I don't know.

    No, I'd rather not, as transfer is still to take place, but yes, it was 9 characters and I had no idea who the previous owner was.
     
  15. invincible

    invincible Well-Known Member

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    I don't believe Nominet would be permitted to prevent a transfer of a domain name prior to receiving either a court order or a DRS submission. A threat of a DRS is simply just a threat. One might not actually materialise. If they had gone through with submitting one I would have been interested to read their submission in relation to 2a (ii) of the DRS Policy. If Bluerock wished to make you an offer for the domain name and you decided to accept it, you'd be perfectly entitled to do so and transfer the domain name after receiving payment from him. You would then no longer be involved and he would assume any risk of a DRS. It's possible that should a DRS ever be commenced, a resolution could be found within the mediation period.

    Okay. I believe I know the domain name at issue.
     
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