DRS advise

Discussion in 'Domain Name Disputes' started by monaghan, Nov 2, 2007.

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  1. monaghan United Kingdom

    monaghan Moderator Staff Member

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    I've been approached for advise on a domain name, my customer presently has the .com (about 10 years old) and .net (about 4 years old) and has been trading in the UK for significiantly longer than the .co.uk has been registered for.

    The .co.uk's parked and is displaying ads which display a combination of ads relevant to my customer and also to his competitors.

    Would you DRS or attempt to negotiate with the present registrant? (The domain's not listed as for sale on the parking service) If they contact the registrant, does this count against them if they did DRS later?
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. retired_member11

    retired_member11 Retired Member

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    DRS/ legal can met messy. If your client has the necessary why not just open genuine negotiations to buy the .co.uk and save all the hassle?
     
  4. monaghan United Kingdom

    monaghan Moderator Staff Member

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    My thoughts as well, just concerned that if they screw things up at this stage whether it would have a negative impact on their case if they did a DRS later.
     
  5. retired_member3

    retired_member3 Retired Member

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    Get someone else to query if it's for sale first. Test the water. Are you sure the owners not on here?

    Remember DRS will cost circa £750 + Vat is the domain worth more than that?
     
  6. Beasty

    Beasty Active Member

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    Making a straightforward approach to try to resolve the problem is unlikely to prejudice your client's position if those negotiations fail.

    Unless you pretty much know it is going to fail, I'd suggest that a less hostile approach might well produce the most cost effective resolution.
     
  7. monaghan United Kingdom

    monaghan Moderator Staff Member

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    Much more if you get your solicitors to handle it :)

    I'm keeping out of the finances!
     
  8. GreyWing

    GreyWing Retired Member

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    Can't you just pay the fee for mediation, am I right in thinking nominet just charge £10 for that?





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  9. keys United Kingdom

    keys Active Member Full Member

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    People with domains are easily annoyed by approaches claiming rights or infringements. The measure of their annoyance may be directly proportional to the number of domains that they hold.

    Once they are annoyed they tend to be awkward to deal with, and sometimes even eager to argue a case. An informal approach is a good idea but is most likely to be ignored or met with "let me have your best and final offer and I'll consider it".
     
    Last edited: Nov 2, 2007
  10. grandin

    grandin Well-Known Member

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    take a cut

    Take a cut of the website showing the abuse. Whether or not the name belongs to the complainant unequivocally seems to have no bearing in the drs i.e. if you have rights and the ads take unfair advantage of your rights then you are likely to persuade the expert to rule in your favour.

    Lee
     
  11. retired_member11

    retired_member11 Retired Member

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    "...likely...". When one goes to law one loses control and your fate is then in the hands of others. There is no unwritten rule that acquiring a domain name has to be a confrontational process. I still recommend the polite and not too clever clogs approach first. I suggest by phone and not in writing, but say who you are - no cloak and dagger nonsense. Written communication can make the owner nervous.
     
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