Question for Nominet

[domaingenius]

If I want to take a domain from someone for whatever reason is there anyway that I can do so without going through DRS ?. If I had a reasonable claim could I just write to Nominet and explain that and they would then give me the domain even though I am not mentioned anywhere on the WHOIS ?. As I say I dont want to bother with DRS so can Nominet just make the decision themselves ?.

Thanks
DG

 

[domaingenius]

Jay, this was a serious question so look forward to your reply.

DG

 

[Whois-Search]

I think you can sue a registrant for the content of the website and even force them to stop selling/showing a product that infringes your trademark. A bit like the Virgin v Sneezycheese case at the moment:

Sunday Times - September 03, 2006 - Scroll down to the bottom

But to get the actual domain name they will have to use the DRS? As it is Nominet's Policy for the .uk system. Just like you would have to use ICANN UDRP for .com.

 

[domaingenius]

I think you can sue a registrant for the content of the website and even force them to stop selling/showing a product that infringes your trademark. A bit like the Virgin v Sneezycheese case at the moment:

Sunday Times - September 03, 2006 - Scroll down to the bottom

But to get the actual domain name they will have to use the DRS? As it is Nominet's Policy for the .uk system. Just like you would have to use ICANN UDRP for .com.

I will be very interested to hear what Jay has to say about it.

DG

 

[Whois-Search]

I will be very interested to hear what Jay has to say about it.

DG

Is Jay the right one maybe you should email Edward Phillips (company solictor)?

 

[domaingenius]

Is Jay the right one maybe you should email Edward Phillips (company solictor)?

I am simply asking a question and not referring to anything in particular !. Just want to know if it is possible to get a domain without going through DRS simply by writing to Nominet and pleading the domain is yours (i.e. unilaterally without use of an expert ) , so its pointless writing to Ed (thanks for suggestion anyway) ?. I would just be interested to know what Jay says.

DG

 

[Jay Daley]

If I want to take a domain from someone for whatever reason is there anyway that I can do so without going through DRS ?. If I had a reasonable claim could I just write to Nominet and explain that and they would then give me the domain even though I am not mentioned anywhere on the WHOIS ?. As I say I dont want to bother with DRS so can Nominet just make the decision themselves ?.

We do have a procedure that does not use the DRS but is only available in very specific circumstances. This is where the original registrant has dissolved and you can prove to us that you have established use of the domain.

The full details are in this PAB paper Dissolved registrants

As far as I know there is no other process. Remember, that in this case when the registrant is dissolved then as far as we are concerned there is no registrant any longer for the domain to be taken away from.

 

[Jay Daley]

If I want to take a domain from someone for whatever reason is there anyway that I can do so without going through DRS ?. If I had a reasonable claim could I just write to Nominet and explain that and they would then give me the domain even though I am not mentioned anywhere on the WHOIS ?. As I say I dont want to bother with DRS so can Nominet just make the decision themselves ?.

I should also point out that occasionally we make a mistake and deprive someone of their name, say by cancelling it despite have had payment and then we need to take it back from the person who has since registered it, in order to give it back to the original registrant. But that it very different from what you are asking.

 

[Jay Daley]

I am simply asking a question and not referring to anything in particular !.

Not referring to this this then are you?

 

[Paullas]

I should also point out that occasionally we make a mistake and deprive someone of their name, say by cancelling it despite have had payment and then we need to take it back from the person who has since registered it, in order to give it back to the original registrant. But that it very different from what you are asking.

Now that is what i have never understood. How can you release a domain, then decided to take it back because nominet made a mistake.

 

[Jay Daley]

Now that is what i have never understood. How can you release a domain, then decided to take it back because nominet made a mistake.

Erm, what is there to understand? We make a mistake and so we correct it. If we accidentally cancelled one of your domain names and then someone else registered it would you be happy with just a polite apology?

 

[rob]

Erm, what is there to understand? We make a mistake and so we correct it. If we accidentally cancelled one of your domain names and then someone else registered it would you be happy with just a polite apology?

There ought to be a cut off point time wise to when a previous owner can claim back a domain name.

People could catch a domain name then resell the domain however only to have the name taken away from the new owner

On my current understanding this could take place up to 18 months (the longest I am aware of) after the 'drop' of a domain.

Who is to say if any sale is safe...!

 

[Paullas]

so basically anything we register from nominet isnt safe.

We could reg a domain and get it taken away because nominet made a mistake.
We could reg a domain and get it took off us by DRS.
We could reg a domain and nominet could drop it.

So as a TAG holder i have no protection on the goods i buy from nominet?

 

[Jay Daley]

There ought to be a cut off point time wise to when a previous owner can claim back a domain name.

Sounds sensible, there may even be one. I will find out.

 

[Nigel]

I should also point out that occasionally we make a mistake and deprive someone of their name, say by cancelling it despite have had payment and then we need to take it back from the person who has since registered it, in order to give it back to the original registrant. But that it very different from what you are asking.

This happened to us quite a while back. Two very nice domains caught by a dropcatching service and registered in our name. But then contacted by Nominet...very sorry...registered owner had paid for the domains and we've made a big mistake...should never have been released. I remember arguing our corner (and even speaking to the Chief Exec) and finally asking for some compensation. But we got nothing at all. A sham.

Do you know something - just looked up the two domains and both dropped two years later - one snapped up by a well known catcher. Hopefully they've not made a mistake this time...but who can tell. My view is that if a large corporation makes a big mistake then they should pay some monetary compensation. We didn't even get the fee we paid to the dropcatching service!!

 

[rob]

We could reg a domain and nominet could drop it.

and if they did by mistake I would want them to give it me back whoever the new owner was.

two sides to every story remember

 

[Paullas]

and if they did by mistake I would want them to give it me back whoever the new owner was.

two sides to every story remember

yes i know that but i would have thought a big organisation like nominet would not make these kind of mistakes rob..

 

[seanc]

If I want to take a domain from someone for whatever reason is there anyway that I can do so without going through DRS ?. If I had a reasonable claim could I just write to Nominet and explain that and they would then give me the domain even though I am not mentioned anywhere on the WHOIS ?. As I say I dont want to bother with DRS so can Nominet just make the decision themselves ?.

Thanks
DG

this happened to me.

a company whose domain i hosted had 2 partners..
the partners went their seperate ways,
one partner wanted to keep the domain, so we kept it.

the other guy decided he wanted the domain aswell, so contacted nominet,
they asked him to prove who he was, and send in a letter head,
and they took the domain off me..
all this happened within a couple of hours

 

[rob]

this happened to me.

a company whose domain i hosted had 2 partners..
the partners went their seperate ways,
one partner wanted to keep the domain, so we kept it.

the other guy decided he wanted the domain aswell, so contacted nominet,
they asked him to prove who he was, and send in a letter head,
and they took the domain off me..
all this happened within a couple of hours

What name was registrant?

From Nominets point of view the letterhead and signed letter is giving authority - if that letterhead / authority is false then it is fraudulent and not much different than me cooking up a letter saying 'transfer me XYZ' .

If a transfer goes through and it can be shown to have been done under false pretences Nominet will reverse it.

 

[domaingenius]

We do have a procedure that does not use the DRS but is only available in very specific circumstances.This is where the original registrant has dissolved and you can prove to us that you have established use of the domain.

The full details are in this PAB paper Dissolved registrants

As far as I know there is no other process. Remember, that in this case when the registrant is dissolved then as far as we are concerned there is no registrant any longer for the domain to be taken away from.

Jay, all I will/can say at this stage (in fairness to everyone including Nominet) is "watch this space" . Lets not make it public, YET ,but i am sure that in due course this matter will become public of its own accord. (and please no one bother with "go on tell us etc etc" because until the solicitors and/or Courts sort it out I will not/cannot say anything)

Regards

DG