Just Had My First DRS on a Generic .UK

[bens]

I'm sure I'm not the first and I certainly won't be the last but I've just had my first DRS on a generic .uk domain.

I won't say the domain in public but I'm 100% confident it's a generic, 2 word product name. What's so frustrating is the basis of the complaint. Nominet must have know this was coming.

"The trading name '????' has successfully been used at ????.co.uk for many years, at the point of registering ????.uk with [our] registrar, their system failed to register the domain and suddenly it was registered by the current person.

We believe that as we own ????.co.uk, we should be within our rights to take ownership of ????.uk that we attempted to register before the deadline for general registration came into effect. "

 

[Adam H]

They had 5 years, tough tit's as they say. Hopefully the result comes out in your favour.

 

[JMI]

And then the RoR floodgates opened..
This case could set the president for future DRS.

Sounds like they're just trying it on, but with the aid of some industry knowledge - are they domainers?

 

[bens]

No. It's a web development company acting on behalf of the business owner. Doesn't look like they do much, if anything with domains.

 

[JMI]

Just trying it on, the owners probably holding them accountable!!

Did nom phone you for any sort of mediation?

 

[Nigel]

sorry to hear about this - sounds like they messed up - did they try to contact you before running off to nominet?

 

[TRUK]

Just trying it on, the owners probably holding them accountable!!

Did nom phone you for any sort of mediation?

Mediation is a standard process after the DRS was submitted. You are assigned a mediator and he emails you regarding the next plan.

If you think that the domain is less valuable than GBP700 to you ask the mediator to forward your intent to sell it for GBP700 to the complainant. They generally accept it then to pay GBP700 to experts. You even ask mediator to deposit that amount to your nominet account as a credit.

However, if you think that the name is much more valuable than GBP700 Do NOT say anything related to money to the mediator.

 

[Siusaidh]

What do they mean by: "we attempted to register before the deadline for general registration came into effect" ?

Did you register the domain before July 1st? I presume not.

In which case, they had 5 years, and I don't see why they should have a leg to stand on unless they can demonstrate that you're trading on their name or passing yourself off as them.

The very fact they didn't register it ought to weaken their case.

How can they "attempt to register it"? Either they did or they didn't.

 

[bens]

sorry to hear about this - sounds like they messed up - did they try to contact you before running off to nominet?

No, no previous contact. Just came out of the blue this morning.

 

[lazarus]

The web developers are getting there asses kicked by their customer, now they are trying it on. Nominet will see straight through this.

I would defiantly not offer it for sale at this point.

I like how they say "Suddenly" ... Yeah suddenly after 5 years.. Morons

 

[GradeZero]

We believe that as we own ????.co.uk, we should be within our rights to take ownership of ????.uk that we attempted to register before the deadline for general registration came into effect.

Before the deadline...

at the point of registering ????.uk with [our] registrar, their system failed to register the domain and suddenly it was registered by the current person.

But "suddenly" it was registered by someone else? How is this possible if they did this before the deadline, only they would have been able to register it.

Clearly they forgot to register it... for 5 years.

"Their system failed", sure and the dog ate my homework.

 

[anthony]

Let them offer you the money, not you proposing a figure.

 

[DesD]

Very amateurish approach. I can't imagine you have anything to fear here.

 

[starbird]

I was advising people I know with .co.uk domains to reg the .uk 3 years ago. I cannot see how there is a case to answer here. Nominet have been very clear from the start if the .uk was not registered before 26th June (I think) you've lost that right. As for the domain "suddenly" being registered as they were trying surely means it was AFTER the RoR ended not before.

A lot of people will be interested in this outcome, indeed it may be an idea for Nominet to send out emails stating the RoR has ended and there is no recourse because if could save them a lot of work with DRS cases like this one. As others have said it sounds like the web company wasn't on the ball, someone has likely said you got the .uk right ? oops lets try and reg it now, oh oh it's regged what do we do now ? google search ....

I wouldn't mention money in any form, they will likely offer that after they lose.

Good luck with it but I know pretty much everyone will be looking at this closely.

 

[lazarus]

I just can't see Nominet awarding a generic RoR domain to them after the RoR has finished. It would just make a mockery out of the whole process that they (Nominet) came up with.

 

[Siusaidh]

I agree very much with Anthony and Starbird: don't offer to sell, let them ask you to sell, and let them do that with an offered price.

If you offer to sell to them for £xx or whatever, they may use that as a demonstration that you registered the name in bad faith.

Make sure THEY offer the money, and then if you accept, you're only accepting the terms they offer "very, very reluctantly because I had great plans to develop an entirely different kind of website which had nothing to do with your business."

 

[anthony]

Nominet will apply the same rules as currently

I just can't see Nominet awarding a generic RoR domain to them after the RoR has finished. It would just make a mockery out of the whole process that they (Nominet) came up with.

Exactly, they'll simply go by the current DRS process.

 

[bens]

Thanks for all the reply's and support. I'll keep you all posted with how it goes. To answer a few points above:

- The domain was caught during the RoR process on 4th July and featured on Nominets own RoR list.
- The domain is parked with DomainManage. Displays a page saying "This Domain Is Available For Sale"
- No other contact from Nominet. Just the Notification of Complaint so far.
- I won't be quoting sales figures to the complainant.

Does anyone know if Nominet checks the DRS submissions before they are accepted? Or are they just happy to accept the fees?

 

[3gmedia]

They had 5 years to register and email warnings from Nominet, no argument to use.

 

[Aaron Clifford]

They had 5 years to register and email warnings from Nominet, no argument to use.

This is Nominet though, ANYTHING is possible.