My 1st Post Is A Little Bit Of A Sad One

[sneezycheese]

Hi one and all.

Firstly may I say how glad I am to have joined a forum that has so obviously got so many nice and refreshingly lucid members. Cheers & Mery Chistmas to you all.

My best domain(s): mmm, I can't say that there's one that sticks out, but I believe I have a few that have potential in the following sectors; legal, hifi, luxury/vip, house buying, telecommunications (fixed & wireless), adult, music, news, festivals, tv/radio, media, beer/wine, poker/casino, art, food, garden, games/gaming, fine dining, ...I think I'll stop here

My worst domain(s): Now here's the sad bit.... I registered 2 domans in January, unbeknown to me a company Trade Marked the domain phrase in July (filed in January), both dates AFTER I had registed the domains. To cut a long story short... Two months ago I had a call from their Managing Director threatening to 'close me down', I then had a further call from his 'business partner' (which was witnessed by a client of mine) where he threatened to 'gouge my eyes out' and then kill me if I didn't hand over the domains within 48 hours. Subsequently I contacted the Police who advised me not to hand over the domains and more importantly gave both these people official warnings and told that if they contact me either directly or indirectly they will be arrested immediately! Today I got an email from NOMINET UK DRS Service saying "This letter is to inform you that Nominet’s Dispute Resolution Service has been invoked in respect of the domain name(s)"

I'm gutted, to think that I might loose the domain to people like that, unbelievable

anyway, regards to you all.

Sneezycheese.

 

[retired_member6]

In support of your response, include a witness statement, a copy of the police complaint and log and an account of previous history as well as a supporting arguement as to why you believe the domain should remain yours, also claim harrassment via the DRS and consult a solicitor as to whether they've broken the police warning, even though it's through a third party.

I've never had to deal with a DRS yet, I understand it means 'domain recovery service'.

After retelling your account about the people after your domain to everyone on here, I shouldn't think anyone would wish to rule in their favour even if they don't deserve the domain in the first place, but all is relevent. The pair should be careful who they threaten, they must've made sure you weren't connected in some way first.

 

[paymatters]

Is it worth the hassle??

 

[Nigel]

Have to agree with Allclear - Are those two domains really worth the hassle?

 

[retired_member16]

Why should he role over and die because of their attitude?

 

[Fishfinger]

Is it worth the hassle??

With the threats they've made, it goes beyond the value of the domains. This is personal.

 

[retired_member16]

Id fight it all the way.

 

[paymatters]

Maybe you should change your name to FireStarter!

 

[Godfrey]

Lets get a gang together on here to protect our new member!!!

 

[cbjim]

how did you get on with this??

 

[bb99]

how did you get on with this??

He lost it in the DRS - decision published yesterday.

 

[sneezycheese]

…I’m not going to give up though, I’ll update you all as and when!

It’s quite surprising to think that you could have a situation that a complainant could for example have broken your legs to try to force you to hand over a domain, then found guilty by a court of GBH and sentenced to prison and yet he could still be awarded the domain through Nominet’s DRS because it’s 'irrelevant' as far as the policy is concerned.

‘In my opinion’ the expert has made some glaring fundamental mistakes, including his decision where he blatantly contradicts himself. I’m therefore somewhat surprised that it seems on the surface that the expert’s compliance with the policy goes unchecked.

Expert makes a mistake, and then I have to pay £3,525.00 for an appeal to correct his error… We’ll see!

A formal complaint was forwarded to Nominet yesterday.

If anyone feels they would like to follow my lead, then here's the link...

http://www.nominet.org.uk/about/complaints/

 

[Wortle]

Wow, thats all a bit horrible..how can the officials justify that, was this pair of jokers threatening them too? Obviously I'm new to the whole domain name registration scene and didnt think it got this heavy. Is it possible that the name you had was that of a registered company they already owned (ballbreakers ltd or something similar perhaps?) and thats why they got away with it.

What is the situation here, if I own a uk company since time began......say Harrods (I wish) which is so well branded, but the name harrods.co.uk is registered by someone else, do I have a prior claim for identity theft or such like?

Hope the best man wins

 

[accelerator]

What is the situation here, if I own a uk company since time began......say Harrods (I wish) which is so well branded, but the name harrods.co.uk is registered by someone else, do I have a prior claim for identity theft or such like?

If you have a trademark on that term it will put you in a strong position to lay claim to the domain name, particularly if the other party who has the domain name is capitalising on your brand and passing themselves off as you, or providing services that your trademark covers.

Rgds

Accelerator

 

[Mendis]

The world is full of nasty b***ards. Society does put up with people like this for far too long before they finally get their come-uppence, but 'eventually' they usually get what is coming to them.
The above situation regarding thuggery not affecting a DRS judjement begs the question if there is actually any justice in DRS rulings or just blind adherance to the law as read by the expert. Even in a court of law you can expect an element of justice to prevail.

 

[retired_member6]

You never know mendis, fate is a funny old thing, the same old thing by which I live by. They might get run over next week.

 

[jude11]

Whether the domains are valuable or not....the fight must be made. If not,it will clear the way for more of us to be targeted.

Hold onto the property and fight the good fight.

Good Luck!

 

[sneezycheese]

!!!WARNING!!! Nominet Can ‘Doctor’ DRS Results!

Having made a formal complaint to Nominet about the contradictions made in this DRS decision against me, they have now ‘amended’ the result, REMOVING (amongst others) the following very important quote by the expert:

“There is no evidence to show that the Respondent registered this Domain Name with prior knowledge of the Complainant’s business”

Saying that this is a “typographical error” and that “The removal of the offending phrase is for the purposes of clarity only and does not change the basis upon which the decision was made”.

This would seem to be one VERY BIG typo seeing that the decision against me was based on paragraph 3(a)(i)(C) of the ‘Policy’!

I wonder, can we trust Nominet anymore?

 

[rob]

Quite a big typo that, hitting all those letters one after the other and coming up with a real and relavant sentance.

Now if it was a shakespearian quote I would have suspected monkeys and typewriters....!

 

[olebean]

Sneezy

I take it you were at the DRS hearing