Wake up Nominet

[grandin]

Wake up Nominet.....this is what people are innocently doing...

a thread on here states 'I'm no-one to give advice... but today I sent *** an email informing them that I've *****.co.uk for sale.

It might be worth it for them!
(It get's 200 hits a month (approx) with no weblinks).

***** isn't trademarked btw.

Lee

 

[rob]

Domain owner sends a company a sales email on a none TM name... ?

Could be lack of coffee but not seeing problem for registrant or Nominet?!

 

[tmsdomreg]

Wake up Nominet.....this is what people are innocently doing...

a thread on here states 'I'm no-one to give advice... but today I sent *** an email informing them that I've *****.co.uk for sale.

It might be worth it for them!
(It get's 200 hits a month (approx) with no weblinks).

***** isn't trademarked btw.

Lee

Am I missing something here? Why should this be of concern to Nominet?

Peter

 

[tifosi]

erm? isn't that proactive domain resale?

 

[grandin]

my understanding

Sorry...it might be my misunderstanding.

Whilst the name hadn't been trade marked i thought it was a trading product/name that was used by the company approached.

If the domain name registrant approached that company knowing of that company at the point of domain registration then it could be deemed....to take unfair advantage of that companies rights'

Whether its generic or not has no bearing in this case as the act 'taken unfair advantage of the complainants rights' is the overriding factor. If you register orange when you know of orange the phone people and you immediately ask them to pay £1 million for it.........question Nominet is that taking unfair advantage of the complainants rights?

Lee

 

[netserve]

If the person approached decides that it should have the domain name because of some IP protection that it's suddenly discovered then it can complain to Nominet using the DRS.

You're talking about a 'complainants rights' when no one has made a complaint yet!

 

[grantw]

Sorry...it might be my misunderstanding.

Whilst the name hadn't been trade marked i thought it was a trading product/name that was used by the company approached.

If the domain name registrant approached that company knowing of that company at the point of domain registration then it could be deemed....to take unfair advantage of that companies rights'

Whether its generic or not has no bearing in this case as the act 'taken unfair advantage of the complainants rights' is the overriding factor. If you register orange when you know of orange the phone people and you immediately ask them to pay £1 million for it.........question Nominet is that taking unfair advantage of the complainants rights?

Lee

And the actions of this domain owner are a concern for you because..............?????

Grant

 

[grandin]

further clarification

I am merely trying to highlight that by contacting rights holders (whether registered or not) you are in danger of losing a domain name whether its generic or not.

Why am I concerned? because I could of lost my domain names because I did not know what was/is lawful....some rights holders are setting traps for domain name registrants...........there is a lack of education.. we are not Trade Mark Attorneys

I was trying to highlight to Nominet that people genuinely do not know what is lawful in respect to rights and therefore you can not expect too much....people make mistakes but should a mistake lead to the transfer of a domain name?

Lee

 

[diablo]

ignorance of the law is no defence - I can't see how Nominet are at fault here

 

[sneezycheese]

ignorance of the law is no defence - I can't see how Nominet are at fault here

...It's not ignorance of the law, it's the inability to understand the terms contained within a contract.

Each of which are two very diferent things.

 

[grandin]

thats right

Sneezy as we know we are in agreement here.

Di wrote 'No excuse for not following the law'

...thats right...UNFAIR CONTRACT is AGAINST THE LAW.

Lee

 

[olebean]

Lee

The question is, if the contract is unfair what is the likely result of making the contract void.... You lose your domains their value and maybe you have to fight for the return of "out of pocket expenses"

 

[diablo]

If you can't understand terms of a contract then you should not agree to them. Legal advice is available in every town in the UK

 

[grantw]

UNFAIR CONTRACT is AGAINST THE LAW

Am I the only one not 'getting' this thread???

If you register a domain name that relates to a companies product - trademarked or not - and you approach the company trying to sell it then you are potentially putting your ownership of the domain at risk, this is common sense surely??? This type of approach may lead to a sale however so some people may think it worth the risk.

Why am I concerned? because I could of lost my domain names because I did not know what was/is lawful....some rights holders are setting traps for domain name registrants...........there is a lack of education.

So educate yourself - past DRS decisions are probably a good place to start? Or maybe you would like Nominet to provide a free IP Law course to all registrants

Grant

 

[rob]

So educate yourself - past DRS decisions are probably a good place to start? Or maybe you would like Nominet to provide a free IP Law course to all registrants

Plus reading and writing so registrants understand what they say?

Perhaps a free gift with every domain?

 

[domaingenius]

Plus reading and writing so registrants understand what they say?

Perhaps a free gift with every domain?

Rob,seriously,where can you get those ?. Not only for me lol,friend of mine has dyslexia so would be ideal.

Thanks
DG

 

[grantw]

Plus reading and writing so registrants understand what they say?

Perhaps a free gift with every domain?

Class

grant

 

[grandin]

unfair contract

di you wrote:-

If you can't understand terms of a contract then you should not agree to them. Legal advice is available in every town in the UK

I write:- thats the point...legal representation is not recommended at the point of sale when it should.

Ok Di...if you understand it better than a Nominet expert then why are Domain names overturned on Appeal.............err...experts don't understand the contract

drs GHD.co.uk.....expert rules against term in contract i.e 3aia....the expert refers to 10 words out of a 3 million words contained in past drs cases to state that 3aia can be ignored on this occassion....therefore this sets a precedence to the contract ie. the expert can change whats written in the contract by referring to words in past drs cases.....this makes the contract three million words long.....unfair contract

di do you work for Nominet?

lee

 

[Jac]

di you wrote:-

If you can't understand terms of a contract then you should not agree to them. Legal advice is available in every town in the UK

I write:- thats the point...legal representation is not recommended at the point of sale when it should.

Ok Di...if you understand it better than a Nominet expert then why are Domain names overturned on Appeal.............err...experts don't understand the contract

Domain name DRS decisions are overtturned at appeal kinda like court decision are overtturned at the appeals court. Because sometimes both DRS experts and courts get it wrong. There's nothing inappropriate in having an appeals system that puts right (and not always) what the first expert or judge got wrong. I would have thought not having an appeals system would be the wrong bit.

Regards
James Conaghan

 

[grandin]

implications

Lets go back to the begin of the thread....IF the domain name registrant in this example approaches the rights holder on the basis as someone on this thread explains....then Nominet SHOULD come down heavy on them....I personally believe if YOU knowingly infringe then you should lose alot more than you are currently YOU should pay all costs....price you pay for taking advantage....as i see it the ones that set up and abuse other peoples businesses because they arent clever enough to set up there own business should pay the price as a copy cat...make them pay big fines...this will soon push them out....i am only concerned with those that truly do not understand trade mark law....as i see it the ones who are the copy cats and creating this nightmare scenario for Nominet should be pushed out of business

Re structure the rules....blatant infringers pay big price for being copy cats

Lee