faral.co.uk

[Beasty]

http://www.nominet.org.uk/digitalAssets/20263_faral.pdf

I am afraid a pretty good example of how to lose a domain by post-registration behaviour.

 

[i4v.net]

http://www.nominet.org.uk/digitalAssets/20263_faral.pdf

I am afraid a pretty good example of how to lose a domain by post-registration behaviour.

Interesting reply section 7.

"faral..it is generic in the sense of being a general word that could be applicable to an entire class or group"

a valiant response but not good enough it seems...

So was it the manner in which it was registered and the use of the domain that constitutes abbussive registration?

 

[rob]

So was it the manner in which it was registered and the use of the domain that constitutes abbussive registration?

Parking while showing adverts related to the rights holders competitors was the nail in the coffin.

I have dealt with one similar name before - innocently registered I may add - which was the name of a famous british naval officer however as it is a common name various companies had used it.

If I had more time and inclination I would have fought it (further than DRS) as I set the keywords yet the 'auto adjusting' keyword engine changed them over time to competitor terms. Bearing in mind a fair rise in traffic was due to the idiots at the company I would not be suprised if their staff (intentionally or not) made enough difference over time to make the name abusive.

It would have been a very very interesting one to fight, and in hindsight I wish I had. However I now have time for such hindsight, time which I was lacking back then !

 

[grandin]

Cancelled not transferred

The QC didn't consider its generic nature which I thought was poor show......he said it was immaterial and I would personally challenge this.....

The experts have remedies that include cancel and make reavailable on a first come first served basis.....it was his duty to consider the generic nature and decide (in line with the contract) whether the name should be released on a first come first served basis as the complainant did not have unequivical rights....also in light of the misleading contract where clause 16 contradicts clause 17...

Lee

 

[i4v.net]

So what would happen if you had a drs letter for a domain (maybe a TLd more applicable)

you could threaten - to unlocked it/sell/transfer etc it to someone in mongolia etc.

This would be a nightmare to track the domain down, by time the drs knows whats going on theres a new owner..

 

[rob]

So what would happen if you had a drs letter for a domain (maybe a TLd more applicable)

you could threaten - to unlocked it/sell/transfer etc it to someone in mongolia etc.

This would be a nightmare to track the domain down, by time the drs knows whats going on theres a new owner..

You cannot move a domain once it is under a DRS.

As for not being able to find the owner - DRS seems to proceed anyway, even if the owner / name is legit and they just live quite far away.

 

[redbird]

You cannot move a domain once it is under a DRS.

Can you cancel/surrender it?

Dave

 

[Beasty]

Can you cancel/surrender it?

Dave

If you have just had a letter of complaint from someone- yes.

Once the DRS has started - no. Though you can of course offer it to the other side in mediation - but they don't have to take it!

 

[i4v.net]

So if I'd reg'd microsoft.co.uk on the drop then 1 month later had a DRS letter from Microsoft I cant realise it/ change tag as nominet have been informed - same If I try and unlock a TLD.

Once the DRS process begins your domain is effectivly 'trapped/suspended' until outcome?

and game over...

 

[retired_member11]

Parking while showing adverts related to the rights holders competitors was the nail in the coffin.

I have dealt with one similar name before - innocently registered I may add - which was the name of a famous british naval officer however as it is a common name various companies had used it.

If I had more time and inclination I would have fought it (further than DRS) as I set the keywords yet the 'auto adjusting' keyword engine changed them over time to competitor terms. Bearing in mind a fair rise in traffic was due to the idiots at the company I would not be suprised if their staff (intentionally or not) made enough difference over time to make the name abusive.

It would have been a very very interesting one to fight, and in hindsight I wish I had. However I now have time for such hindsight, time which I was lacking back then !

Which parking company was this?

 

[retired_member11]

If you have just had a letter of complaint from someone- yes.

Once the DRS has started - no. Though you can of course offer it to the other side in mediation - but they don't have to take it!

I had a letter at the weekend asking about buying a domain. I immediatey took it off parking just to be safe.

 

[rob]

Which parking company was this?

Most parking companies offer 'auto optimising' keywords.

This one company has a track record of forgetful keyword settings.

Personally I have pulled the majority of my names from parking either until the systems and people running them sharpen up, or the DRS/legal processes change to reflect reality

 

[grantw]

I've also quit all parking due to legal/drs issues which were mainly fueled by the ads on the parked pages and more so by the auto optimising links.

Grant