Anyone used Nominet/DRS?

[LuckyNo8]

We had a customer who setup a domain using our name (trademarked) to sell product. We have after several warnings ceased supplying that customer - they had a small note on their site they were not us, but it was very very misleading all in all. A year or so on, and the domain is still owned by that ex-customer, but are sitting idle (the shop has been taken down).

I am wondering, has anyone used the Nominet DRS service? I'd rather pay them, than pay this person. They also own a few other domains with very similar names/variants which they were probably originally using to point at the man domain we took issue with - is there any chance to treat them all in 1 case, or do they need to be done individually?

Thanks.

 

[crossdaz]

you can only dispute one name at a time.

 

[akirk]

there is a lot of very helpful information on their website about the DRS.

to provide a very brief summary you will need to show two things:

- that you have IPR relating to the disputed domain name (and that the party using it does not)

- that there is a vexatious registration (i.e. they have registered it for vexatious reasons: to try and make money by selling it to you / to make money by misuse of your mark / etc.)

Do you have any evidence to show that they were using the website for commerce (i.e. screen prints / saved screen shots? does the wayback machine / internet archive have any examples?

def. worth using the DRS, but make sure that everything is in considerable detail and very organised...

the usual defence is that the person registered the domain for some other reason (name of their great-neice's pet cat who is going to set up a blog etc.) but by showing that they were selling the product you have a stronger case...

Alasdair

 

[LuckyNo8]

Thanks for the detailed reply

We looked at the DRS in detail and believe we have an extremely robust case.

I plan on picking this up in the new year now, but feel confident it will resolve in our favour.

Thanks again

 

[robertt]

you can only dispute one name at a time.

Wrong - can do multiple disputes if the same registrant / complaint.

 

[astutiumRob]

I am wondering, has anyone used the Nominet DRS service?

Yes, and it works very well, if you want specific advice on it you'll need to speak to a domain expert and/or your company solicitor's IP expert, but at first reading it appears you have a good case for a DRS

However isn't this the sort of thing you should have asked you IP lawyer, as it's primarily a trademark infringement issue ?