DropCatcher Question - DRS

[David]

Hi,

I have a DRS dispute. The compainant has noted that I used software to get the domain as it dropped. See below...

"It was advised on that day that the Respondent had used a piece of software to register the domain name in dispute within seconds of it becoming available".

Can this go against me? I used DropCatcher...

Thanks.

 

[bb99]

On the face of it I don't particularly think it can go against you on its own BUT they could link it together with other things to try and help their case.

It depends on the facts of the case really. If you are a baked bean salesman and you paid DropCatcher to register bakedbeans.co.uk then this could hardly be seen as a bad thing - you wanted the generic name for your industry, you saw it was suspended and you paid a specialist to do a job that you yourself could not. Nowt wrong with that!

 

[aquanuke]

I dont see how, after all Nominet wrote and made available the DAC and automaton just so that you could automatically query and register a domain name. On its own no so you would need some other show of bad faith etc.

Probs not such a bad thing as if they raise a DRS based on that one thing they wouldnt have a leg to stand on :-D

 

[retired_member17]

Lawyers will say anything to rattle you and make you think they have a case. They know Nominet is weak with these cases and the "informal negotiations" worthless so any lawyer can take the piss without getting done because everything said in the negotiation would never be made public.
1) You did not break any rules of Nominet and if they had the name first then dropped it, "they" gave up their first right to re-register the name for another two years.
2) It does not matter if you were the next in line (using software)or the 10th in line to register the name after it expires, they gave up their rights, and you are the new owner.
3) Everything very much depends on the name: generic, have they got a trademark, etc.

 

[David]

Thanks guys.

In response to the last post;

It's very generic and they don't own a TM.

They have other arguments but they all seem as worthless as this example above.

Thanks again.