Domain Name Dispute Process

[iamrofe]

Hi guys,

Hoping to get some help here.

I have a friend who works for a large motor company and they are trying to obtain a domain which contains their brand name.

The domain name they are trying to get hold of is brandnamefinance.co.uk.

In my eyes it is clear that the current owner only did this in the hope that they would profit from it at a later date.

What would be the process for obtaining the domain, do they simply make a submission for a DRS?

Any help is greatly appreciated.

Mark

 

[Retired_Member38]

If its an open and shut case why not just threaten to bypass the DRS system and go straight to the old fashioned legal system. This potentially leaves the squatter with crippling legal bills.... if they're guilty then it makes sense to roll over and over the domain immediately if you offer them a get out. i.e. give us it right now and thats the end of the matter, choose to fight it and you'll lose anyway and have a 5 figure legal bill.

 

[Skinner]

How would this stand against brandparts ? I believe brandnameparts.co.uk was challenged and the brand lost. I wonder if brandfinance could lose on the same grounds?

I can't for the life of me remember the brand or details. Its not a name I would touch so never looked into either just remember it in passing.

I can tell you the germans and the italians don't mess around with DRS, they have their solicitors kick your door down, then you make you pay for the scuffs on their boots.

Edit: See DRS Case D00000066 fiatfinanceDOTcoDOTuk

 

[Systreg]

@ Skinner, are you thinking of volvoparts.com which had an UDRP against it and they found in favour of the registrant, then later transferred to complainant after losing in court?

[Edited to add link] http://www.casesofinterest.com/tiki/Volvo+Trademark+Holding+AB+v.+Volvospares.com

 

[iamrofe]

I had no idea you could search disputed cases, looks like the same company transferred a bunch of domains to another major car brand previously. Which is interesting, no ruling was made.

 

[iamrofe]

Thanks for your help so far chaps.

 

[Skinner]

Systreg, it may have been that, I was thinking it was a .co.uk not a .com, was only an in passing, so maybe it was.

Iamrofe, yeah you can search registrant, keywords etc https://secure.nominet.org.uk/drs/search-disputes.html

 

[Retired_member41]

Must be right dopes if they have to get their employees friend who also hasn't a clue to ask a question on a forum? Unless it's just some lame business manager from a dealership.

 

[tifosi]

Going on the offensive straight for the jugular with extremely expensive legal action is not the best course of action imo.

This is what the summary decision route of the DRS was meant for.

It's unlikely based on the registrant's history to be contested and if v.likely by the expert to be seen as abusive.

I'd go straight down the DRS route stating your clients claim and the registrants abusive registraton (and history ) & requesting a summary decision and transfer.

Your clients for £200.

 

[iamrofe]

Must be right dopes if they have to get their employees friend who also hasn't a clue to ask a question on a forum? Unless it's just some lame business manager from a dealership.

Thanks for your input Caz.

 

[iamrofe]

Going on the offensive straight for the jugular with extremely expensive legal action is not the best course of action imo.

This is what the summary decision route of the DRS was meant for.

It's unlikely based on the registrant's history to be contested and if v.likely by the expert to be seen as abusive.

I'd go straight down the DRS route stating your clients claim and the registrants abusive registraton (and history ) & requesting a summary decision and transfer.

Your clients for £200.

Thanks tifosi.

Based on what you have just said this is what I have suggested to my friend. While the company can afford solicitors etc, any costs incurred would come out of her marketing budget.

So this seems the best route

Thanks again for your help

 

[foz]

If the Respondent replies to the complaint, even with just one sentence, the expert fee goes up to a full decision at £750 plus VAT.

 

[tifosi]

If the Respondent replies to the complaint, even with just one sentence, the expert fee goes up to a full decision at £750 plus VAT.

Maybe so, and again this imo is a flaw in the current drs system. The respondant should give a reasoned response. What that is, is somewhat subjective, but more than "I don't agree with the complaint". Anything less should still allow the summary decision if the respondant is told the response is substandard and not acceptable and doesn't reply adequately.

 

[foz]

Maybe so, and again this imo is a flaw in the current drs system. The respondant should give a reasoned response. What that is, is somewhat subjective, but more than "I don't agree with the complaint". Anything less should still allow the summary decision if the respondant is told the response is substandard and not acceptable and doesn't reply adequately.

In turn complaints should make sense, the ones I've seen don't (no abuse element).

 

[tifosi]

In turn complaints should make sense, the ones I've seen don't (no abuse element).

Agreed. As I've mentioned in the other drs thread I think there should be a vetted acceptable minimum for all complaints before they take up the resources of the respondant & Nominet's mediators etc.

 

[foz]

Agreed. As I've mentioned in the other drs thread I think there should be a vetted acceptable minimum for all complaints before they take up the resources of the respondant & Nominet's mediators etc.

As long as Nominet encourage lay people to lodge complaints the quality submitted will continue to be poor. A "printed guide" just isn't enough.

@iamrofe is "brandname" actually a unique brand e.g. volvo.

 

[iamrofe]

As long as Nominet encourage lay people to lodge complaints the quality submitted will continue to be poor. A "printed guide" just isn't enough.

@iamrofe is "brandname" actually a unique brand e.g. volvo.

yeah it's a unique car brand that you would have heard of.

 

[foz]

yeah it's a unique car brand that you would have heard of.

Thanks.

The entity bringing the complaint has to be the owner of the Trademark.

The car manufacturer in question would be the only one to have the authority to lodge a complaint.

 

[iamrofe]

looks like company has other domains and are now trying to sell them for £700 each, if went DRS route would it cost up to £700 for each domain or up to £700 in total?

 

[foz]

looks like company has other domains and are now trying to sell them for £700 each, if went DRS route would it cost up to £700 for each domain or up to £700 in total?

http://www.nominet.org.uk/disputes/resolving-domain-disputes/fees