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Will You Add? - Introduction to .uk Domain Disputes
It seems that almost every Tom Dick and Harry do web design in one form or another. Everyone seems to know a friends' brother's son who can build websites for real cheap. Why choose to pay the sometimes high fees that web designers charge?There's a right way to build websites and there's a wrong way to build them.There are a number of considerations when building a website. The first is that the website being created is search engine friendly. I've seen some websites built in such a way that search engines couldn't see more than the home page. This results in a fraction of the traffic potential that would otherwise result for the website.Professional or Mickey Mouse?A poorly designed website reflects on the business that it is attached to. When your prospects visit a website that is poorly created, they will tend to project that first impression onto the rest of the services that your company has to offer. This can affect everything from how often you close sales to how much you can charge a client. In other words, it hurts your bottom line.Anyone can create a simple web page. How many people can create a professional image?What kind of recourse do you have?If a high school kid is creating your website and som
Rights can also mean contractual rights – e.g. where one person has contracted with another to transfer the domain, but then refuses to do so.
…which is identical or similar to the domain name
Because most Nominet experts have at least some expertise of trade mark law, the concepts of identity and similarity are heavily conditioned by the comparable concepts in trade mark law.
As regards identity, the domain name extensions are ignored, so that the trade mark MERCEDES is identical to the domain name mercedes.co.uk. Similar formal differences (e.g. the use of hyphens in a domain name in place of spaces) should not upset a finding of identity.
Similarity is more difficult. In European trade mark law there is a concept which may be called "confusing similarity", and it is this concept which experts are accustomed to apply when comparing one m
Things may be looking up on the economic horizon, but organizations are still watching their budgets. For many of these companies, high employee turnover is an issue for the HR department, not the finance team.Before an organization implements an employee training program, several considerations must be made. First, companies need to understand the goals for the training program and then outline how the program might achieve those goals.Support from executive staff is also a critical concern, and is only achieved if key leaders are involved from the outset. Executive teams can help select training areas that they consider most important for managers, while managers can do the same for their team members.Organizations should also evaluate the merits of providing rewards and recognition for course completion. Some organizations offer annual management excellence certifications to individuals who complete several hours—in some cases, up to 60—of specific management courses. Certification demonstrates the managers’ active commitment and efforts toward improving skills that will help them become better managers and in turn, foster a more positive work environment.Another important factor to be considered when implementing a training program is communicatio
Nominet does not use the UDRP for dispute resolution, but has instead created a distinctive system inspired by the UDRP. The substantive rules governing .uk disputes are set out in Nominet’s dispute resolution policy document (referred to below simply as the "Policy") and its dispute resolution procedure document.
Procedural rules
The Nominet dispute resolution procedure is a close relative of the UDRP procedure. However, there are some important differences.
There is a free mediation service built in to the Nominet procedure. The mediation process involves a neutral third party who tries to bring the complainant and respondent to agreement through "shuttle diplomacy". If the parties can resolve their dispute before the mediation period comes to a close, Nominet waives its fee.
Another distinctive feature of the Nominet procedure is the possibility of appealing an expert's decision (in Nominet proceedings, panellists are called "experts"). By contrast there is no appeal – other than to a court of law – from a decision under the UDRP or the EURid rules.
A single expert always decides "first instance cases". Should either party appeal the first instance decision, a three member panel will be appointed to decide the appeal. At the time of writing, there have only ever been six appeals.
The Nominet fee is always paid by the complainant. At present, that fee stands at ?750 plus VAT. There is also a fee of ?3000 plus VAT payable by a person invoking the appeal procedure.
The remedies available are cancellation or transfer. Unlike in UK litigation, there are no provisions for the unsuccessful party to pay the successful party’s costs.
Substantive rules
Basic rule is that: "A Respondent must submit to proceedings under the Dispute Resolution Service if a Complainant asserts to us, according to the Procedure, that: (i) The Complainant has Rights in respect of a name or mark which is identical or similar to the Domain Name; and (ii) The Domain Name, in the hands of the Respondent, is an Abusive Registration." (Paragraph 2(a) of the Policy.)
"Rights" are treated in a similar way to rights under the UDRP: the test is not a difficult one to meet.
The idea of an "Abusive Registration" maps imperfectly on to the concepts of legitimate interest and bad faith under the UDRP.
Rights in a name or mark…
Paragraph 1 of the Nominet Policy provides that: "‘Rights’ includes, but is not limited to, rights enforceable under English law. However, a Complainant will be unable to rely on rights in a name or term which is wholly descriptive of the Complainant's business."
In practice these rights are often rights arising out of registered UK or Community trade marks.
However, the rights can also be rights in the tort of passing off. This is a complex subject, but most experts will be prepare to accept that a complainant has unregistered trade mark rights which could give rise to an action in passing off where the complainant can show substantial use of a mark or name as a trade mark in the UK. It is probably fair to say that the standard of proof required by Nominet experts of these unregistered rights is significantly lower than that required by the English courts in a passing off action - although in passing off cases the evidence is usually being used to prove a different point.
Rights can also mean contractual rights – e.g. where one person has contracted with another to transfer the domain, but then refuses to do so.
…which is identical or similar to the domain name
Because most Nominet experts have at least some expertise of trade mark law, the concepts of identity and similarity are heavily conditioned by the comparable concepts in trade mark law.
As regards identity, the domain name extensions are ignored, so that the trade mark MERCEDES is identical to the domain name mercedes.co.uk. Similar formal differences (e.g. the use of hyphens in a domain name in place of spaces) should not upset a finding of identity.
Similarity is more difficult. In European trade mark law there is a concept which may be called "confusing similarity", and it is this concept which experts are accustomed to apply when comparing one ma
Introduction:Of all the important decisions that go into a successful Pay Per Click Advertising program, the most critical one is which keywords to target. Choosing the right keywords will drive a continuous stream of qualified buyers to your site at affordable CPC's. Choosing the wrong keywords will negate even the most well planned Pay Per Click Advertising strategy.Going Beyond The Obvious:At first glance, choosing keywords for your Pay Per Click Advertising program seems easy. Anyone can come up with a list of obvious keywords related to their web site. The problem is, because the keywords are obvious, all your competitors have come up with the same list of words. This can lead to price inflation for these keywords on the Pay Per Click Search Engines, making it difficult for anyone to profit from these keywords. The key to a successful PPC Advertising strategy is to identify targeted, hard to find, niche keywords that drive profitable traffic to your site.Monetizing The "Keyword Tail"The enormous number of queries that fall outside the obvious keywords is known as the "Keyword Tail". An advertiser's ability to mine the "Keyword Tail" for profitable nuggets of Search terms is often the difference between a successful Pay Per Click Advertisi
Another distinctive feature of the Nominet procedure is the possibility of appealing an expert's decision (in Nominet proceedings, panellists are called "experts"). By contrast there is no appeal – other than to a court of law – from a decision under the UDRP or the EURid rules.
A single expert always decides "first instance cases". Should either party appeal the first instance decision, a three member panel will be appointed to decide the appeal. At the time of writing, there have only ever been six appeals.
The Nominet fee is always paid by the complainant. At present, that fee stands at ?750 plus VAT. There is also a fee of ?3000 plus VAT payable by a person invoking the appeal procedure.
The remedies available are cancellation or transfer. Unlike in UK litigation, there are no provisions for the unsuccessful party to pay the successful party’s costs.
Substantive rules
Basic rule is that: "A Respondent must submit to proceedings under the Dispute Resolution Service if a Complainant asserts to us, according to the Procedure, that: (i) The Complainant has Rights in respect of a name or mark which is identical or similar to the Domain Name; and (ii) The Domain Name, in the hands of the Respondent, is an Abusive Registration." (Paragraph 2(a) of the Policy.)
"Rights" are treated in a similar way to rights under the UDRP: the test is not a difficult one to meet.
The idea of an "Abusive Registration" maps imperfectly on to the concepts of legitimate interest and bad faith under the UDRP.
Rights in a name or mark…
Paragraph 1 of the Nominet Policy provides that: "‘Rights’ includes, but is not limited to, rights enforceable under English law. However, a Complainant will be unable to rely on rights in a name or term which is wholly descriptive of the Complainant's business."
In practice these rights are often rights arising out of registered UK or Community trade marks.
However, the rights can also be rights in the tort of passing off. This is a complex subject, but most experts will be prepare to accept that a complainant has unregistered trade mark rights which could give rise to an action in passing off where the complainant can show substantial use of a mark or name as a trade mark in the UK. It is probably fair to say that the standard of proof required by Nominet experts of these unregistered rights is significantly lower than that required by the English courts in a passing off action - although in passing off cases the evidence is usually being used to prove a different point.
Rights can also mean contractual rights – e.g. where one person has contracted with another to transfer the domain, but then refuses to do so.
…which is identical or similar to the domain name
Because most Nominet experts have at least some expertise of trade mark law, the concepts of identity and similarity are heavily conditioned by the comparable concepts in trade mark law.
As regards identity, the domain name extensions are ignored, so that the trade mark MERCEDES is identical to the domain name mercedes.co.uk. Similar formal differences (e.g. the use of hyphens in a domain name in place of spaces) should not upset a finding of identity.
Similarity is more difficult. In European trade mark law there is a concept which may be called "confusing similarity", and it is this concept which experts are accustomed to apply when comparing one m
Psychology!How much really is important for trading? With one word : very! Not only it affects all our decisions and mood but it could lead us to extreme situations. The reason I am writing this article today is because it is my nominal celebration and one of great celebrations for Christians who are Orthodox like me.So as I went early in the morning to the church a lady who knows me as she was a long time ago one of my family tenants gave me unexpectadly a rose!A move so sincere and kind that surely made my day a whole lot happier! Will I trade today?Probably not because I cannot get concentrated due to phone calls.But do I feel inside me ready from all aspects to trade? Did I say all aspects?What are those?At least the most important ones.Lets make a list :1.I do not feel sad,upset,angry,furious,anxious,disappointed with any issue of my life. 2.I do not have to rush anything because I have a strict plan and I follow it so if no trade comes up no trade. 3.I am concerned with a topic that could cause me either overjoy or instantly a hunch and will make a wrong trade,a silly one. 4.I do not feel pain or are sick from whatever reason 5.I do not have to prove anything!Not to myself not to my family,friends.Trading is not about self-este
Substantive rules
Basic rule is that: "A Respondent must submit to proceedings under the Dispute Resolution Service if a Complainant asserts to us, according to the Procedure, that: (i) The Complainant has Rights in respect of a name or mark which is identical or similar to the Domain Name; and (ii) The Domain Name, in the hands of the Respondent, is an Abusive Registration." (Paragraph 2(a) of the Policy.)
"Rights" are treated in a similar way to rights under the UDRP: the test is not a difficult one to meet.
The idea of an "Abusive Registration" maps imperfectly on to the concepts of legitimate interest and bad faith under the UDRP.
Rights in a name or mark…
Paragraph 1 of the Nominet Policy provides that: "‘Rights’ includes, but is not limited to, rights enforceable under English law. However, a Complainant will be unable to rely on rights in a name or term which is wholly descriptive of the Complainant's business."
In practice these rights are often rights arising out of registered UK or Community trade marks.
However, the rights can also be rights in the tort of passing off. This is a complex subject, but most experts will be prepare to accept that a complainant has unregistered trade mark rights which could give rise to an action in passing off where the complainant can show substantial use of a mark or name as a trade mark in the UK. It is probably fair to say that the standard of proof required by Nominet experts of these unregistered rights is significantly lower than that required by the English courts in a passing off action - although in passing off cases the evidence is usually being used to prove a different point.
Rights can also mean contractual rights – e.g. where one person has contracted with another to transfer the domain, but then refuses to do so.
…which is identical or similar to the domain name
Because most Nominet experts have at least some expertise of trade mark law, the concepts of identity and similarity are heavily conditioned by the comparable concepts in trade mark law.
As regards identity, the domain name extensions are ignored, so that the trade mark MERCEDES is identical to the domain name mercedes.co.uk. Similar formal differences (e.g. the use of hyphens in a domain name in place of spaces) should not upset a finding of identity.
Similarity is more difficult. In European trade mark law there is a concept which may be called "confusing similarity", and it is this concept which experts are accustomed to apply when comparing one m
Resistance is a nuisance. You want to carry on, get up to speed and all kind of people are pulling your sleeves with a lot of questions, criticism and other hindrances that slow you down.Good for them! And ... good for you!What would you plan be if nobody resisted? Is this not what dating is all about? You say; “no really, I can’t make it tomorrow, I’m sorry!” and in the meantime you hope that your date is not off all together. Let him (or her) wait for a bit.In business it’s quite more complicated, but also there you have a plan and people, departments, that are not willing. At first.Not in the last place this is because there is not really a plan. Sometimes the plan looks more like a dark tunnel, where I wouldn't step in either. The resistance will help you (and hoefully an increasing number of people with you who are better informed and starting to take some steps) to get thing sorted out.A good question you will hear in such environments is; “Tell me, What’s in it for me?” This is a buyers question. You buy something, so you want to make sure that you get something in return.The person at the door, with the nice set of folders should give you an satisfying answer. If he or she can’t, there is no chance, I mean: change.If peo
In practice these rights are often rights arising out of registered UK or Community trade marks.
However, the rights can also be rights in the tort of passing off. This is a complex subject, but most experts will be prepare to accept that a complainant has unregistered trade mark rights which could give rise to an action in passing off where the complainant can show substantial use of a mark or name as a trade mark in the UK. It is probably fair to say that the standard of proof required by Nominet experts of these unregistered rights is significantly lower than that required by the English courts in a passing off action - although in passing off cases the evidence is usually being used to prove a different point.
Rights can also mean contractual rights – e.g. where one person has contracted with another to transfer the domain, but then refuses to do so.
…which is identical or similar to the domain name
Because most Nominet experts have at least some expertise of trade mark law, the concepts of identity and similarity are heavily conditioned by the comparable concepts in trade mark law.
As regards identity, the domain name extensions are ignored, so that the trade mark MERCEDES is identical to the domain name mercedes.co.uk. Similar formal differences (e.g. the use of hyphens in a domain name in place of spaces) should not upset a finding of identity.
Similarity is more difficult. In European trade mark law there is a concept which may be called "confusing similarity", and it is this concept which experts are accustomed to apply when comparing one m
What does it really take to be a successful Adsense online affiliate? The simple answer will amaze you.To be a successful Adsense online affiliate takes enough traffic. All other hot tips and techniques that you have ever read about or been told all come secondary to this primary, key requirement for success as an Adsense online affiliate.There are various options that an Adsense online affiliate can consider using so as to acquire enough traffic to be successful. Many of the most effective techniques will require some sizeable cash investment. For example they can purchase advertising.Still there is one very effective option, which is free but equally effective if not more so. But the fact that it is free has caused many Adsense online affiliates to overlook it as a viable way of generating enough traffic to be successful with their Adsense program. The truth is that although this marketing method is very effective, it tend to be very time consuming, so in a way there is a price to pay and the price is in terms of the time you will have to spend.We are talking about articles marketing, which has already been very effective in helping this writer, who is also an Adsense online affiliate, to generate enough traffic to make a significant income from the
Rights can also mean contractual rights – e.g. where one person has contracted with another to transfer the domain, but then refuses to do so.
…which is identical or similar to the domain name
Because most Nominet experts have at least some expertise of trade mark law, the concepts of identity and similarity are heavily conditioned by the comparable concepts in trade mark law.
As regards identity, the domain name extensions are ignored, so that the trade mark MERCEDES is identical to the domain name mercedes.co.uk. Similar formal differences (e.g. the use of hyphens in a domain name in place of spaces) should not upset a finding of identity.
Similarity is more difficult. In European trade mark law there is a concept which may be called "confusing similarity", and it is this concept which experts are accustomed to apply when comparing one mark to another. The question is: would the public be confused by the use of the marks or names, or associate one with the other. Judging by the detail of experts’ decisions, a similar question is often asked in .uk domain name dispute arbitrations.
Abusive registration
"‘Abusive Registration’ means a Domain Name which either: (i) was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the Complainant's Rights; OR (ii) has been used in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights." (Paragraph 1 of the Nominet Policy)
Note that the abuse can take place either at the time of registration/acquisition or subsequently. In either case, the key ideas are those of taking "unfair advantage of" or being "unfairly detrimental to" the complainant’s rights.
Proving an allegation of abusive registration
A non-exhaustive list of factors which may be evidence that the domain name is an abusive registration is set out in paragraph 3(a) of the Nominet Policy:
"(i) Circumstances indicating that the Respondent has registered or otherwise acquired the Domain Name primarily: (A) for the purposes of selling, renting or otherwise transferring the Domain Name to the Complainant or to a competitor of the Complainant, for valuable consideration in excess of the Respondent's documented out-of-pocket costs directly associated with acquiring or using the Domain Name; (B) as a blocking registration against a name or mark in which the Complainant has Rights; or (C) for the purpose of unfairly disrupting the business of the Complainant;
(ii) Circumstances indicating that the Respondent is using the Domain Name in a way which has confused people or businesses into believing that the Domain Name is registered to, operated or authorised by, or otherwise connected with the Complainant;
(iii) The Complainant can demonstrate that the Respondent is engaged in a pattern of registrations where the Respondent is the registrant of domain names (under .uk or otherwise) which correspond to well known names or trade marks in which the Respondent has no apparent rights, and the Domain Name is part of that pattern;
(iv) It is independently verified that the Respondent has given false contact details to us; or
(v) The domain name was registered as a result of a relationship between the Complainant and the Respondent, and the Complainant: (A) has been using the domain name registration exclusively; and (B) paid for the registration and/or renewal of the domain name registration."
Because of paragraph 3(c)(i) of the Policy, it is unwise to offer to sell the domain to a trade mark owner where there is a dispute or the potential for a dispute. Another effect of that paragraph is that it is easier for a complainant to prove his or her case where a domain name is used commercially. For this purpose, commercial use includes serving pay-per-click advertising or carrying affiliate links.
Paragraph 3(c)(v) is designed to deal with the all-too-common situation where an employee of a company (often in the IT department) or service provider to a company (often a web developer) registers domain name reflecting the company's trade marks, and then refuses to transfer the domain name when a dispute arises.
Disproving an allegation of abusive registration
A non-exhaustive list of factors which may be evidence that the domain name is not an abusive registration is set out in paragraph 4(a) of the Policy:
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