Do you want a £750 fine?

[Whois-Search]

Did I have until 5pm or midnight? Just checking as I missed the last two out and there were parts not on the online form that were elsewhere for change? what's the bleeding point of that then? scrap it, do it again. Ha.

Most people are saying its midnight now as in when you submit a DRS case.

Reminds me of students giving in courework lol

 

[retired_member6]

I didn't start until 4:30, a bit silly but nevermind, half hearted never does any good. How long until I get to be laughed at and listed on the site? :mrgreen:

 

[retired_member6]

Most people are saying its midnight now as in when you submit a DRS case.

Reminds me of students giving in courework lol

Well I missed out the last two, if I have until midnight I might send in a revised version by email. I wrote it in a manner of how I usually write my articles so it should be a good read, not for all understandably but for domainers maybe.

 

[Whois-Search]

I didn't start until 4:30, a bit silly but nevermind, half hearted never does any good. How long until I get to be laughed at and listed on the site? :mrgreen:

I think they are put manually on the site - so will be monday morning now.

 

[retired_member6]

I think they are put manually on the site - so will be monday morning now.

Oh well, here's what I cooked up. Rambling rubbish but still, I might edit it later if I have until midnight.

Distinctive character... firstly how distinctive? moustache alone? raised bushy eye brows? a pair of dark black glasses or a mole on the upper lip? These are the details the DRS policy has to reflect and in-depth.

For far too long the DRS procedure has sought to award domains to people with the weakest of arguments, I myself had my time absolutely wasted by a company who owned a four letter .com wishing to own the same four letters but with the extension .co.uk.

They professed to trade under these letters but were neither on header paper nor on their website and only really stood for the letters of the beginning of the words of their business. So how distinctive? British Gas yes that is, Eskimo Hunters Association For Seal Liberation, so is that, but whether mobile phone, shirt, tree or bounce should be, is another question entirely and one you really need to come to a conclusion on before wrapping this consultation up.

You really have to define what you mean by distinctive character and not leave it open to misuse this time round, list definitive examples of how cases should be judged with no real margin of error, although accepted that will occur from time to time.

Dictionary Wording... going by normal trademark law and any simple minded IP lawyer would be able to state the same, everyone has a right to a word when they use it but what I am getting sick and tired of is seeing a company choosing any word they damn will please, building a brand and then subsequently doing a DRS because they feel what they built now deserves the same domain and therefore its theirs.

Granted there may well be exceptional case, but take Capitalism as it grows and grows and as companies continue to buy up little companies, and the bigger the get the more brands they own, the more products, are you suggesting these can build products at will, name them and then steal a domain from a registrant that's either been using the domain for years or had it parked before development or simply kept for his Son for 20 years?

Trademark is a use issue, a class issue and a misrepresentative issue all of which you claim to place under an abuse of registration with very little concept of how much power you've awarded the complainant.

As a developer foremost, based in affiliate marketing, I use medium keyword generics to target consumers and create sales, however I am also an academic domainer - yes it should be a recognised industry by all involved in domains, we do have levels of experience, talent and investment and it is a multi million pound industry.

So with that in mind making statute that all dictionary words protected by registered trademark (I'm presuming in the UK and not Lapland, America, Europe and Syria) would be deemed fair, however, length of trademark, scope of trademark, use of trademark, how many others also use that mark either registered or unregistered, who holds the .net, the .eu, the .com, the hyphen, the one with the e and i or the z on the end, should all be taken into account.

The higher you get up the generic chain, the more people who feel they deserve they should own that domain, do you really wish to propose a DRS merry go round?

I'm running out of time... moving swiftly on.

Look, you've got to use a little common sense, let's look at the facts, domaining is a legitimate multi million pound market if not billion taking in the wider scope of world trade.

A domain name has many uses and is used in many ways, if nominet are to now start judging how domains should be used perhaps they should only sell them to business and restrict sale, if you wish to restrict use then do so, otherwise do not get in the way of free trade or allow after the fact a domain in possession to be stolen from one registrant and passed on to another simply because a business or person has a different use or maybe no real use for the domain.

They have opened a contract with yourself, you neither asked nor requested that they use that domain in a certain manner so how can you justify leaving an open list of abusive or non abusive measures?

Reselling domains is legitimate, you certainly make enough money out of transfers, parking domains is legitimate, people type in domains of what they feel is right, there's a variety of reasons people get mixed up, firstly there's over 70 different world-wide extensions, mix up .com and you end up in another country, what are we proposing no parking where there's an issue a letter can be missed out?

As for registering domains, I hold over 800, what are my interests? Predominantly website development, secondly domaining and whatever I wish to with that asset while I hold the registration is entirely up to me, if I wish to park to get the most value out of that domain, I will, if I wish to operate a website or forward the domain then that is my right, if I wish to leave it dormant again, that is my right.

Is it someone's right to get the hump then I have the domain, of course, does that then entitle them to steal the domain and create untold paperwork in defending a DRS case, no of course not, individual cases should always be looked out, so yes, all above should be perceived fair use and not abusive.

Naturally, enough said, you've answered your own question, re read what you wrote.​

There is an argument for no change but I disagree. There is an argument for an initial fee and the amount quoted is fair, and I would naturally completely disagree that a £6.09 registration could end up as a bill for £750, firstly I am not going to pay, secondly I'd rather leave the country and thirdly, did I mention you're not getting £750 from me?

What I would consider fair is the current DRS fee being split, a quarter going to current registrant to afford time to defend the case, I think you will agree spending a week defending a DRS is quite time consuming.

And the rest going to payment of adjudicator's time. And yes a small fee up front to deter the have a goers would be more than adequate.

You can't, I just told you I'd rather leave the country, anyone who is contemplating this really needs to have their head seeing to, admitted to an asylum and having their brain removed.​

I've got two minutes (there's a change), do I have until 5pm or midnight? I'll email you the rest to update, I'm enjoying this.

Cheers
Lee

I've got two minutes (there's a change), do I have until 5pm or midnight? I'll email you the rest to update, I'm enjoying this.

Cheers
Lee

Cheers
Lee

 

[retired_member6]

Haha have you seen this mug

3. Offer a choice of one expert or a three-member panel At present a claimant pays £750 for an expert's decision and there is a right of appeal to a three-member panel that costs the appellant £3,000. We suggest a middle-ground: a choice between (a) a single-member panellist for £750 with a right of appeal at £3,000; and (b) a three-member panel with no right to appeal for, say, £2,000.

So £2k and no right to appeal, er hang on, what if the defendent wishes to appeal if he lost it? what an idiot. The right of appeal isn't just for the complainant, ain't out-law supposed to know their stuff? Even I know that.

http://www.nic.uk/digitalAssets/16233_OUT-LAW.com.pdf