Nominet Dispute Resolution

[.Flyer]

Anyone used the Dispute Resolution Service with Nominet (or the equivalent ICANN service for a .com)?

We have a new client, called 'xxxx Motorsport' (obviously replace the xxxx with a name). It's a unique name.

A chap known to xxxx, let's call him Z, registered a couple of years ago the xxxxmotorsport.co.uk and the .com domain names. He doesn't have a site up and speaking with the owner of xxxx Motorsport, it would appear that Z registered them with the intention of using them as 'leverage', perhaps to help to secure a drive. This didn't quite work Z could not possibly have any other use for the domain names.

xxxx Motorsport would now like a website and would like to use one or both of the domain names already registered. Z hasn't yet been approached to transfer them. We intend to do so and to offer to refund him the costs of the domains, but it would be nice to have something to use as backup, if he isn't forthcoming (or wants considerably more than they cost).

Reading the Nominet notes on DRS, this looks like a clear-cut case of an abusive registration. Has anyone used the DRS, either successfully or unsuccessfuly? If so, how did you get on? Did it cost you anything? Any other advice?

This hopefully won't be necessary and the domain names can simply be transferred to the client for a reasonable sum, but just covering all bases

[Plotloss]

Went through it last year.

For the dispute to be put before the adjudicator you have to prove it was abusive, witness to it being used as a bargaining chip would obviously be an enormous help if you can get it.

First step is it goes to mediation where Nominet contact both parties with the complaint from the claimant. The URL holder responds and then negotiation starts if both parties are happy to try to find a resolution without moving to the adjudication step. Bear in mind that adjudication costs £950+VAT so that should be a ceiling on any negotiations that occur in the negotiation phase if you are confident of your position re: abusive registration and dont mind paying the fee. It may hurt paying this chap for something that he obviously sought profit from from the outset but if you can secure the URL in negotiation for less than the adjudication fee then you're onto a winner at least in part. Nominet's DRS team are enormously helpful and absolutely professional throughout so it makes what can be an utter annoyance into something bearable. There really is little worse than cyber pikeys, you have my complete sympathy.

[.Flyer]

Thanks for that, very helpful. The £950 charge is but hopefully we can persuade Z to transfer the domains; he has nothing to gain from keeping them and they are worthless to him as they are meaningless to anyone else. First job is to approach him; I'll post back once we hear.

Thanks again