"Parkers" have rights too, Right ?.

domaingenius · Feb 18, 2007

The more I look at the way things are changing the more I think that domainers need to enforce their own rights if they are "parking their domains and ensure that they build their own IP rights in the domain name in question. I would like to see, instead of the domain name being displayed on the header of the ND pages the word .i.e. if you have "domainname.com" you would instead put "Domain Name" or whatever. That way even though they are "only" carrying advertisments you are effectively building your own IP rights and common law rights. As it is it seems that most "parkers" are treated as second class citizens with no rights and one by one the domains are picked off by those who want them,pure and simple. THEN when one of these complainers comes and says "that is our company name" you can point to your own IP rights and charge them for those rights , kinda reversing the balance of power. The end result is that you may be able to charge not only for the domain but the rights to the name itself (which may be more valuable).
Thats why I think the things that we discussed before about changing the enquire about this domain needs to be changed and the changes to the headers also. Those are my thoughts and maybe others will disagree but if not maybe Ed will tell us whether he wants/will bring those changes in ?.

DG

aqls · Feb 19, 2007

I think you are on the right lines.

It seems everyone from Nominet up to end users think we are bottom dwellers in every sense of the words.

I would be happy to see more arguments available to me in case of any dispute.

-aqls-

domaingenius · Feb 19, 2007

aqls, as things are the moment if you have "Enquire about Domain" on the
parking page with an offer to sell then you can bet your life that's going to be twisted around and used against you in DRS /WIPO. What I have suggested on here before is that the words are changed to "Contact Domain Name Owner" or similar and a neutral contact form that has no mention of buying the domain ,but of course will serve the same purpose of letting people,who want to buy, contact you.

If you/anyone else on here who uses Name Drive is in favour of such change maybe you would post your view on here so we have a consensus.

DG

Johnp · Feb 19, 2007

Yes I agree,

I have de-listed for sale a few questionable domains on the basis that having having an 'Enquire about this domain' has been used against in me by a TM holder. In that particular case we settled before any formal DRS process, however I would have probably had a better case had I not set the 'for sale' sign in the control panel.

I personally would like 2 options, i) To contact the domain holder (as previously) suggested, ii) To make an enquiry to purchase the domain.

If I have to go with one option only then 'To contact the domain holder' would be my preferred route.

Best Regards

JohnP

aqls · Feb 20, 2007

I don't have a huge portfolio of contentious names, though given the DRS history, any name could become contentious.

I want to be protected from that so would support your proposal somewhere along JohnP's lines.

-aqls-

NameDriver · Feb 20, 2007

Hi there chaps,

In the next 24 hours, you will see a lot of new things happening on the ND page and system as we enter ND mach 2. One new implementation which will be up hopefully this week and has been a direct effect of what has been said on this board is a new implementation on the for sale options. You will now have For Sale, contact, not for sale. The contact option will then put a 'contact the domain owner' and a very simple contact form with no mention of a sale. We always try to do what you guys are after and want to help protect your domains, so hopefully we can help you on this front.

Ed