Ok Jac, fair is fair....you can now pick holes in my work...but remember I did 'knock it up' in about 30 mins
Lee
DRS Procedure
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My revised solution:-
Issues:-
Acorn members (Nominet members?) feel strongly over the DRS
Complainant’s are unlikely to use the DRS if fees are raised significantly
Laymen customers do not truly understand Trade Mark law
Complainants who do not have unequivocal rights to the name get given a remedy of transfer to the complainant
Nominet should not cough up £3k for every Customer Appeal
Clever lawyers can take advantage of laymen who own domain names by approaching them in a certain manner…entrapment
I Recommend:-
The Complainant before bringing a complaint must:-
Establish whether they have unequivocal rights to the name (ie. How likely is it that another person/business will want to use that name)? Have you checked to see if other companies have a trade mark in the same name or other websites are using the same name or whether Companies House have recorded the same name as part/whole of a company name.
If you do not have unequivocal rights to the name you must follow this procedure:-
Write to the domain name owner (evidence must be provided with the complaint ie. proof of receipt by the domain name owner). In accordance with the Policy the letter must state:-
Whilst we do not have unequivocal rights to the domain name we are of the opinion that the USE of the domain name is abusing our rights. In particular we refer to 3.….. of Nominet’s Policy (state the abusive policy wording) and then state what the domain name owner is doing that is abusive.
In accordance with Nominet’s complainant’s procedure we provide you with 5 working days to cease abusing our rights. If you do not cease we will file our complaint to Nominet under the DRS.
Note: If you comply within 5 working days but later reinstate the USE that is abusive we will provide no further notice and file our complaint.
The Complaint
The Complainant can either apply under ‘unequivocal rights’ option OR ‘non unequivocal rights’ option.
For the ‘unequivocal rights’ option the process should be very quick and cheap for the complainant:-
The complainant pays fee £? (small maybe £400)….the expert carries out a check for ‘unequivocal rights’….
If the expert agrees that the ‘complainant’ has unequivocal rights then the Respondent must prove that the name is being used as a tribute/criticism to the complainant. If no evidence is forthcoming the expert gives a verdict of transfer to the complainant.
If the expert does not find that the complainant has ‘unequivocal rights’ and the complainant hasn’t followed the ‘non equivocal rights’ procedure then the complaint will be rejected. The Complainant will be told to follow the procedure in respect to the ‘‘non unequivocal rights’ option.
For the ‘non unequivocal rights’ option the process is as follows:-
The complainant pays fee £? (maybe same as now)….The expert verifies that the Complainant has followed the correct procedure (ie. sending the letter to the domain name owner). The expert will also check to see if the Respondent has complied with the Complainant’s request.
If the expert finds that the USE as described by the Complainant is abusive AND feels that the Respondent should have complied with the Complainant’s request then the expert will order that the Respondent pays the Complainant’s costs ( ie. pay the decision fee only) AND complies with the Complainant’s request within 5 working days. The Respondent can decide to allow the transfer to the Complainant and incur no costs.
If the expert finds that the USE as described by the complainant in its letter to the domain name owner is not abusive BUT finds on another point that the Respondent has been abusive then he will NOT order costs to be paid by the respondent BUT request a resolution to be carried out by the respondent within 5 working days .
Any decision can be Appealed:-
Domain Name owners RIGHTS on Appeal (for being a Customer)
He may within 5 working days of the initial decision being given apply to Nominet for Appeal Funding. MEMBERS will get copy of the Funding Request. Members will get to discuss the request on Non-Steer or similar for 5 working days. They will then Vote (via electronic secure log in) on whether it is in the interest of all members to allow funding for the appeal. If funding is allowed then Nominet will pay….if too much funding occurs then clearly Nominet have the right to increase renewal fees…members spent the money on Appeal Funding!!!
On this basis I may even become a member!!
Lee
Lee
DRS Procedure
--------------------------------------------------------------------------------
My revised solution:-
Issues:-
Acorn members (Nominet members?) feel strongly over the DRS
Complainant’s are unlikely to use the DRS if fees are raised significantly
Laymen customers do not truly understand Trade Mark law
Complainants who do not have unequivocal rights to the name get given a remedy of transfer to the complainant
Nominet should not cough up £3k for every Customer Appeal
Clever lawyers can take advantage of laymen who own domain names by approaching them in a certain manner…entrapment
I Recommend:-
The Complainant before bringing a complaint must:-
Establish whether they have unequivocal rights to the name (ie. How likely is it that another person/business will want to use that name)? Have you checked to see if other companies have a trade mark in the same name or other websites are using the same name or whether Companies House have recorded the same name as part/whole of a company name.
If you do not have unequivocal rights to the name you must follow this procedure:-
Write to the domain name owner (evidence must be provided with the complaint ie. proof of receipt by the domain name owner). In accordance with the Policy the letter must state:-
Whilst we do not have unequivocal rights to the domain name we are of the opinion that the USE of the domain name is abusing our rights. In particular we refer to 3.….. of Nominet’s Policy (state the abusive policy wording) and then state what the domain name owner is doing that is abusive.
In accordance with Nominet’s complainant’s procedure we provide you with 5 working days to cease abusing our rights. If you do not cease we will file our complaint to Nominet under the DRS.
Note: If you comply within 5 working days but later reinstate the USE that is abusive we will provide no further notice and file our complaint.
The Complaint
The Complainant can either apply under ‘unequivocal rights’ option OR ‘non unequivocal rights’ option.
For the ‘unequivocal rights’ option the process should be very quick and cheap for the complainant:-
The complainant pays fee £? (small maybe £400)….the expert carries out a check for ‘unequivocal rights’….
If the expert agrees that the ‘complainant’ has unequivocal rights then the Respondent must prove that the name is being used as a tribute/criticism to the complainant. If no evidence is forthcoming the expert gives a verdict of transfer to the complainant.
If the expert does not find that the complainant has ‘unequivocal rights’ and the complainant hasn’t followed the ‘non equivocal rights’ procedure then the complaint will be rejected. The Complainant will be told to follow the procedure in respect to the ‘‘non unequivocal rights’ option.
For the ‘non unequivocal rights’ option the process is as follows:-
The complainant pays fee £? (maybe same as now)….The expert verifies that the Complainant has followed the correct procedure (ie. sending the letter to the domain name owner). The expert will also check to see if the Respondent has complied with the Complainant’s request.
If the expert finds that the USE as described by the Complainant is abusive AND feels that the Respondent should have complied with the Complainant’s request then the expert will order that the Respondent pays the Complainant’s costs ( ie. pay the decision fee only) AND complies with the Complainant’s request within 5 working days. The Respondent can decide to allow the transfer to the Complainant and incur no costs.
If the expert finds that the USE as described by the complainant in its letter to the domain name owner is not abusive BUT finds on another point that the Respondent has been abusive then he will NOT order costs to be paid by the respondent BUT request a resolution to be carried out by the respondent within 5 working days .
Any decision can be Appealed:-
Domain Name owners RIGHTS on Appeal (for being a Customer)
He may within 5 working days of the initial decision being given apply to Nominet for Appeal Funding. MEMBERS will get copy of the Funding Request. Members will get to discuss the request on Non-Steer or similar for 5 working days. They will then Vote (via electronic secure log in) on whether it is in the interest of all members to allow funding for the appeal. If funding is allowed then Nominet will pay….if too much funding occurs then clearly Nominet have the right to increase renewal fees…members spent the money on Appeal Funding!!!
On this basis I may even become a member!!
Lee
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