Domain Manage

Exercising a .uk Right after receiving a DRS

Discussion in 'Domain Name Disputes' started by invincible, Nov 7, 2014.

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  1. invincible

    invincible Well-Known Member

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    If a registrant receives a DRS from Nominet against a 3LD that has a .uk 2LD right attached but has yet to be exercised, is the registrant prevented from exercising the right to register the .uk 2LD until the DRS is concluded? I realise that the registrant would be prevented from transferring the 3LD or changing the associated name servers, however I am not able to recall reading anything about being prevented from exercising the .uk. 2LD right.

    No registrant I work with currently has any ongoing DRS but this question came to my mind the other evening.


    (from iPad - K)
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. mojoco United Kingdom

    mojoco Well-Known Member

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    Pending a decision one is not able to exercise ones rights of registration.
    In ones opinion this is no more nor no less than one would expect. Does one have an opinion regarding ones right to registration if one were to be in a similar situation ? :)
     
  4. invincible

    invincible Well-Known Member

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    I was presuming not. Have you seen a rule stating this?

    Opinion noted.


    If by "one" you mean me, and not you yourself as you have written, the correct pronoun is "you". Assuming all that I'd presume as per the first sentence of your reply but would prefer to defer to an officially published rule.
     
  5. invincible

    invincible Well-Known Member

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    I've had it put to me by a couple of people, as part of general conversations and concerns about the DRS and how it might be affected by the release of .uk 2LD's, that for some domain names it could be worth registering the .uk 2LD and possibly putting it in the name of another Registrant. If a DRS were ever launched against the 3LD it would take an additional DRS to potentially lose the registered .uk 2LD given its Registrant would be entirely and legally separate. Furthermore if the .uk 2LD was being used for something entirely different, using the same arguements within a seperate DRS complaint launched against it might not be possible. A Complainant might ultimately be successful at claiming a 3LD at DRS, or at least stating that they feel they will succeed should the DRS go to an Expert Decision, but could actual registration of the .uk 2LD to a different Registrant act as carefully thought out leverage in the 3LD Respondents favour? After all DRS mediation is supposedly confidential, however I am not sure how that stands up in respect of a Complainant using material gleaned from a previous mediation during a subsequent DRS complaint in respect of a different domain name.
     
  6. aZooZa

    aZooZa Well-Known Member Exclusive Member

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    Yes I'm sure you have. But this discussion just seems illogical and far-fetched as I believe the situation could only arise as the aftermath of an act of gross stupidity. For example, the idea of registering the 2LD in the scenario of a DRS, and then subsequently trying to obfuscate the ownership trail is really piffle.
     
  7. invincible

    invincible Well-Known Member

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    Wish you'd stop with half arsed unexplained posts on AD. :)

    Why is it piffle? I'd post more but YOU NEVER DO :) but I'm ready to reply if you decide to make some kind of effort for once ...
     
  8. aZooZa

    aZooZa Well-Known Member Exclusive Member

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    You sometimes seem to ramble - *you* obviously understand what you're writing, but it's so often tosh and piffle. Looks like the scratchings from the workbook of a trainee solicitor indulging in an impromptu daydream.

    Now what part of my previous reply didn't you understand? Where are you going with this DRS/2LD/3LD nonsense?
     
  9. invincible

    invincible Well-Known Member

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    I don't mind you voicing an opinion here. :) However I wish you would qualify your opinions with some relevant facts and substance. You so rarely do that in any post you make on this forum these days and I have told you that I have noticed this.

    What is what I said "piffle"?
     
  10. aZooZa

    aZooZa Well-Known Member Exclusive Member

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    Sorry David, but I really don't think I can make myself any clearer. Let's put it another way. Referencing your opening post, how stupid would someone have to be to register a 2LD when under a DRS with the related 3LD? I mean HOW stupid? Perhaps that's why you haven't come across it yet and no doubt in all practicality, never will. As for the notion of someone trying to pull a fast one with a quick registration and ownership transfer, well that's just ludicrous.

    Yet you post and invite feedback on this. Sometimes I enjoy reading you, sometimes you underwhelm.
     
  11. invincible

    invincible Well-Known Member

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    I'll quote you what I posted: "... that for some domain names it could be worth registering the .uk 2LD and possibly putting it in the name of another Registrant. If a DRS were ever launched against the 3LD...". The important bit is the "If a DRS were ever launched..." - this indicates registering the 2LD well before a DRS could ever be launched on the 3LD. I don't know why you seem to think I suggested one should do it "when under a DRS with the related 3LD".

    All the above is now moot. :)
     
    Last edited: Nov 10, 2014
  12. aZooZa

    aZooZa Well-Known Member Exclusive Member

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    I was referring clearly to your first post. I said: "Referencing your opening post..."

    No more smoke and mirrors tonight - I've got a party to go to :)
     
  13. invincible

    invincible Well-Known Member

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    Okay. I missed that "opening post" reference. Sorry. However that was me asking questions about whether it was possible to do it or if registrants are prohibited from doing so and, if so, where there might be a rule specifically stating such. It's common knowledge that Complaints file try-it-on DRS complaints all the time. Ones that'll go nowhere. I wish to know if this such thing would be allowed to disrupt the ability for a Registrant of a 3LD to exercise the associated .uk 2LD right, that's all. It would be quite possible for a complainant to block the .uk 2LD registration for a good month if the right could not be exercised after a DRS had been filed.

    Otherwise I refer you to my other posts which are about a related, yet different, issue.

    Is someone out to get you? :(
     
  14. aZooZa

    aZooZa Well-Known Member Exclusive Member

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    I hope so, but they don't know it yet :mrgreen:
     
  15. ian

    ian Well-Known Member Acorn Supporter

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    Have you asked Nominet? Surely they would know, as I doubt anyone here has carried out such an action since the .uk only launched in June.
     
  16. invincible

    invincible Well-Known Member

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    Not yet. I shall do unless someone comes along with a link to such a rule that we've all currently not apparently come across. :)


    (from iPhone)
     
  17. spiderspider

    spiderspider Active Member

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    Go and Google Darwin Awards to get an idea of how stupid some people are.
    Read the local court reports, to see some more human stupidity.

    Then realise, that a person who has never had, or known of, DRS in the past, might very easierly go and buy the .UK if someone tries to DRS the .co.uk

    Indeed, whoever does it first (and someone will, eventually), won't be stupid, but probably very astute in what they are doing. Great way to P**s someone off twice.
     
  18. aZooZa

    aZooZa Well-Known Member Exclusive Member

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    "Stupid is as stupid does." That sums it up I suppose.
     
  19. namealot United Kingdom

    namealot Well-Known Member

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    I’d suspect nom would have a get out clause along the lines of reviewing uk rights at anytime until generally available isn’t there something like that in terms

    APPENDIX 2
    4.1
    We reserve the right to check your application for compliance with the Rules either before or after your Domain Name is registered or renewed with us.
     
  20. Retired_Member38

    Retired_Member38 Banned

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    They might have little to nothing to lose though.

    Lets say I buy boots.co.uk and put a drug store on it. Boots.com get wind of it and I realise they're now going to DRS me. Its an open and shut case... I'm going to lose no matter what I do next.

    Yet proper use of "Boots" isn't a loss on a DRS if I avoid clashing with the 'real' Boots.

    I could register Boots.uk, throw it on Domainlore and someone could buy it and build an info site about footwear or whatever. That domain isn't likely to be lost to a DRS, and I've cashed in on the sale of it. I can then go on to lose the .co.uk in the DRS, no big deal. They couldn't take the money back from me, or the .uk from the buyer could they ?
     
  21. mojoco United Kingdom

    mojoco Well-Known Member

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    So long as you have registered boots.uk prior to the DRS that would likely be fine. Nominet will not grant the right of registration pending the outcome of a DRS.
     
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