DRS advise

[monaghan]

I've been approached for advise on a domain name, my customer presently has the .com (about 10 years old) and .net (about 4 years old) and has been trading in the UK for significiantly longer than the .co.uk has been registered for.

The .co.uk's parked and is displaying ads which display a combination of ads relevant to my customer and also to his competitors.

Would you DRS or attempt to negotiate with the present registrant? (The domain's not listed as for sale on the parking service) If they contact the registrant, does this count against them if they did DRS later?

 

[retired_member11]

I've been approached for advise on a domain name, my customer presently has the .com (about 10 years old) and .net (about 4 years old) and has been trading in the UK for significiantly longer than the .co.uk has been registered for.

The .co.uk's parked and is displaying ads which display a combination of ads relevant to my customer and also to his competitors.

Would you DRS or attempt to negotiate with the present registrant? (The domain's not listed as for sale on the parking service) If they contact the registrant, does this count against them if they did DRS later?

DRS/ legal can met messy. If your client has the necessary why not just open genuine negotiations to buy the .co.uk and save all the hassle?

 

[monaghan]

My thoughts as well, just concerned that if they screw things up at this stage whether it would have a negative impact on their case if they did a DRS later.

 

[retired_member3]

Get someone else to query if it's for sale first. Test the water. Are you sure the owners not on here?

Remember DRS will cost circa £750 + Vat is the domain worth more than that?

 

[Beasty]

Making a straightforward approach to try to resolve the problem is unlikely to prejudice your client's position if those negotiations fail.

Unless you pretty much know it is going to fail, I'd suggest that a less hostile approach might well produce the most cost effective resolution.

 

[monaghan]

Remember DRS will cost circa £750 + Vat is the domain worth more than that?

Much more if you get your solicitors to handle it

I'm keeping out of the finances!

 

[GreyWing]

Can't you just pay the fee for mediation, am I right in thinking nominet just charge £10 for that?





1

 

[keys]

People with domains are easily annoyed by approaches claiming rights or infringements. The measure of their annoyance may be directly proportional to the number of domains that they hold.

Once they are annoyed they tend to be awkward to deal with, and sometimes even eager to argue a case. An informal approach is a good idea but is most likely to be ignored or met with "let me have your best and final offer and I'll consider it".

 

[grandin]

take a cut

Take a cut of the website showing the abuse. Whether or not the name belongs to the complainant unequivocally seems to have no bearing in the drs i.e. if you have rights and the ads take unfair advantage of your rights then you are likely to persuade the expert to rule in your favour.

Lee

 

[retired_member11]

Take a cut of the website showing the abuse. Whether or not the name belongs to the complainant unequivocally seems to have no bearing in the drs i.e. if you have rights and the ads take unfair advantage of your rights then you are likely to persuade the expert to rule in your favour.

Lee

"...likely...". When one goes to law one loses control and your fate is then in the hands of others. There is no unwritten rule that acquiring a domain name has to be a confrontational process. I still recommend the polite and not too clever clogs approach first. I suggest by phone and not in writing, but say who you are - no cloak and dagger nonsense. Written communication can make the owner nervous.

 

[grandin]

don't disagree

I don't disagree but just take a cut of the website before making an approach. Once the approach is made the content might be removed and then no grounds for a DRS if the word is generic

Lee

 

[GreyWing]

"...likely...". When one goes to law one loses control and your fate is then in the hands of others. There is no unwritten rule that acquiring a domain name has to be a confrontational process. I still recommend the polite and not too clever clogs approach first. I suggest by phone and not in writing, but say who you are - no cloak and dagger nonsense. Written communication can make the owner nervous.

Certainly good advice, I know I would have given "Mr xxxxx" his domain name back if he would have been polite from the off, instead he started throwing solicitors letters around and threatening me. Needless to say I wasn't to helpful to his request.

So don't presume the guy has anything personal against you until he gives to reason to believe so.