Domain Manage

Jac's DRS Consultation

Discussion in 'Domain Name Disputes' started by grandin, Sep 6, 2006.

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  1. grandin United Kingdom

    grandin Well-Known Member

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    Ok Jac, fair is fair....you can now pick holes in my work...but remember I did 'knock it up' in about 30 mins

    Lee


    DRS Procedure

    --------------------------------------------------------------------------------

    My revised solution:-

    Issues:-

    Acorn members (Nominet members?) feel strongly over the DRS
    Complainant’s are unlikely to use the DRS if fees are raised significantly
    Laymen customers do not truly understand Trade Mark law
    Complainants who do not have unequivocal rights to the name get given a remedy of transfer to the complainant
    Nominet should not cough up £3k for every Customer Appeal
    Clever lawyers can take advantage of laymen who own domain names by approaching them in a certain manner…entrapment

    I Recommend:-

    The Complainant before bringing a complaint must:-

    Establish whether they have unequivocal rights to the name (ie. How likely is it that another person/business will want to use that name)? Have you checked to see if other companies have a trade mark in the same name or other websites are using the same name or whether Companies House have recorded the same name as part/whole of a company name.

    If you do not have unequivocal rights to the name you must follow this procedure:-

    Write to the domain name owner (evidence must be provided with the complaint ie. proof of receipt by the domain name owner). In accordance with the Policy the letter must state:-

    Whilst we do not have unequivocal rights to the domain name we are of the opinion that the USE of the domain name is abusing our rights. In particular we refer to 3.….. of Nominet’s Policy (state the abusive policy wording) and then state what the domain name owner is doing that is abusive.

    In accordance with Nominet’s complainant’s procedure we provide you with 5 working days to cease abusing our rights. If you do not cease we will file our complaint to Nominet under the DRS.

    Note: If you comply within 5 working days but later reinstate the USE that is abusive we will provide no further notice and file our complaint.

    The Complaint

    The Complainant can either apply under ‘unequivocal rights’ option OR ‘non unequivocal rights’ option.

    For the ‘unequivocal rights’ option the process should be very quick and cheap for the complainant:-

    The complainant pays fee £? (small maybe £400)….the expert carries out a check for ‘unequivocal rights’….

    If the expert agrees that the ‘complainant’ has unequivocal rights then the Respondent must prove that the name is being used as a tribute/criticism to the complainant. If no evidence is forthcoming the expert gives a verdict of transfer to the complainant.

    If the expert does not find that the complainant has ‘unequivocal rights’ and the complainant hasn’t followed the ‘non equivocal rights’ procedure then the complaint will be rejected. The Complainant will be told to follow the procedure in respect to the ‘‘non unequivocal rights’ option.

    For the ‘non unequivocal rights’ option the process is as follows:-

    The complainant pays fee £? (maybe same as now)….The expert verifies that the Complainant has followed the correct procedure (ie. sending the letter to the domain name owner). The expert will also check to see if the Respondent has complied with the Complainant’s request.

    If the expert finds that the USE as described by the Complainant is abusive AND feels that the Respondent should have complied with the Complainant’s request then the expert will order that the Respondent pays the Complainant’s costs ( ie. pay the decision fee only) AND complies with the Complainant’s request within 5 working days. The Respondent can decide to allow the transfer to the Complainant and incur no costs.

    If the expert finds that the USE as described by the complainant in its letter to the domain name owner is not abusive BUT finds on another point that the Respondent has been abusive then he will NOT order costs to be paid by the respondent BUT request a resolution to be carried out by the respondent within 5 working days .

    Any decision can be Appealed:-

    Domain Name owners RIGHTS on Appeal (for being a Customer)

    He may within 5 working days of the initial decision being given apply to Nominet for Appeal Funding. MEMBERS will get copy of the Funding Request. Members will get to discuss the request on Non-Steer or similar for 5 working days. They will then Vote (via electronic secure log in) on whether it is in the interest of all members to allow funding for the appeal. If funding is allowed then Nominet will pay….if too much funding occurs then clearly Nominet have the right to increase renewal fees…members spent the money on Appeal Funding!!!

    On this basis I may even become a member!!

    Lee
     
    Last edited: Sep 6, 2006
  2. Domain Forum

    Acorn Domains Elite Member

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  3. Hazel Pegg

    Hazel Pegg Active Member

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    Nominet's DRS Review/Consultation

    This is not Jac's consultation. It is a Nominet Review that will include a full consultation.

    The PAB requested that the Dispute Resolution Service review be brought forward from the January 2007 meeting to the November 2006 meeting
    The DRS review has been moved to the November 2006 meeting.
    http://www.nominet.org.uk/digitalAssets/9058_Sept_06_Matters_arising_from_PAB45.pdf

    Is there any hope that we can stop chucking insults at each other and actually try to find a solution to what is clearly a problem?

    Hazel
     
  4. grandin United Kingdom

    grandin Well-Known Member

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    Ok Hazel

    Ok Hazel as long as Jac tells me I don't have to commit suicide anymore AND that buying a domain name is NOT like buying a washing machine...

    If jac doesn't like that I will through my Persil at him and hope it doesn't bounce

    Lee
     
  5. tmsdomreg

    tmsdomreg Active Member

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    Couldn't agree more, Hazel.

    And if you want to see an example of Nominet DRS and an Expert performing splendidly, I suggest you look at the thread started by Who-Is Search (Ryanair DRS).

    If we can achieve this on current procedures, imagine what can be achieved once they're tweaked. :cool:

    Peter
     
  6. tmsdomreg

    tmsdomreg Active Member

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    :D
    I like it!
    :D
     
  7. grandin United Kingdom

    grandin Well-Known Member

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    Agree

    I must agree the ryanair.org.uk was a great decision, the expert tried very hard to understand the respondent but the expert lost all faith when on google....clearly a last minute...com decision....can you buy ryan's tickets at last minute.com?

    Lee
     
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