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Should you register your .uk or wait 5 years ?

Discussion in '.UK Domain Name Consultations' started by mojoco, Jul 3, 2014.

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  1. mojoco United Kingdom

    mojoco Well-Known Member

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    If somebody DRS's you for a .co.uk and wins, they gain the rights to the .uk

    If you have registered the .uk, the complainant can DRS you for both names within the same fee.

    With this in mind, in some cases it may be prudent to register the .uk sooner rather than later, to a different registrant entity.
     
  2. Domain Forum

    Acorn Domains Elite Member

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    articles.co.uk
     
  3. anthony United Kingdom

    anthony Well-Known Member

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    Really? Well I never knew that!
     
  4. invincible

    invincible Well-Known Member

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    Isn't this similar to a bulk DRS where a complainant might claim that a bunch of similar domain names are infringing their rights?


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  5. mojoco United Kingdom

    mojoco Well-Known Member

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    Apparently, a DRS can include upto 7 names within the same complaint.
     
  6. foz

    foz Well-Known Member Exclusive Member

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    http://www.nominet.org.uk/disputes/resolving-domain-disputes/fees
    Full decision (1 - 5 domain names, 1 complainant) £750 + VAT

    A concern is when you register a .uk will the Expert take the original date of the .co.uk as the factor for predating the complainants rights? We may have to see a few cases established to see how the Experts will handle it.
     
  7. Stephen United Kingdom

    Stephen Well-Known Member

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    .uk is an easier target

    For old domains, when the .co.uk was registered, nobody had established a business with that name and therefore easy to defend against the majority of such claims.

    However if you register a .uk now, when a business may have subsequently established itself, it could be more easily proved that the new .uk registration is an abusive registration and you would possibly loose the .uk and presumably also the .co.uk.

    As Foz said, would need to see a few DRS cases or have some guidelines from Nominet, if they want UK portfolio holders to start some bulk .uk registrations.
     
  8. foz

    foz Well-Known Member Exclusive Member

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    You could see the .uk awarded to the Complainant and the .co.uk remaining with the Respondent.

    This should have been touched on by Nominet and a possible clause placed in the DRS policy.
     
  9. Edwin

    Edwin Well-Known Member Exclusive Member

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    "Patterns of behaviour" may also come into it.

    If you have 500 .co.uk, and you register the matching 500 .uk, it's easy for you to demonstrate a consistent pattern of behaviour (pairing up).

    Similarly, if you own a generic that's also a TM (for example a colour) then owning lots of other generics makes it easier to show that your pattern of behaviour is "to register generic domains" and therefore demonstrate that you didn't register the domain because of an intent to profit from the existence of the TM.

    On the flipside, if you're sitting on a very "grey area" TM, then having other dodgy domains in your portfolio is also a "pattern of behaviour", but one which is likely to swing things against you in a DRS if the Complainant can trace the dodgy domains back to you.
     
  10. invincible

    invincible Well-Known Member

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    I don't see any difference between those registering *.uk 3LD's that had previously been registered and those registering uk 2LD's. They would be treated exactly the same.

    In respect of whether an Expert might choose to take the date of registration of the *.uk 3LD that had the right to register the .uk 2LD or the date of registration of the .uk 2LD, which would be post 10th June 2014, I also ask myself what would the Expert do in respect of a new *.uk 3LD?

    In my opinion an Expert would look at how the domain name had been used rather than simply what the domain name was. If a domain name registered many years ago was being used in good faith for legitimate purposes and its registrant registered additional similar domain names for the same legitimate purposes I foresee no problem for that registrant. It could very well be the case that a registrant originally registered a .co.uk many years ago and was using it legitimately. Years later the registrant noticed that the .org.uk was available and decided to register that for the same or similar purposes to the .co.uk. Even if another party had established rights on the term that formed both domain namse post the registration date of the .co.uk I don't believe this would cause the registrant to feel their .org.uk was at risk.

    Experts look at use and established history of overall projects. A domain name registered a decade ago that had been unused could not suddenly be used as part of a copy cat project that infringed on the rights of someone else even if those rights of the other party had been established after the date of registration of the domain name.




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  11. bensd United Kingdom

    bensd Well-Known Member

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    Surely that fact that nominet awarded .uk to .co.uk owners and not TM owners should speak volumes?
     
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