Re: UKNM: Domain Name Theft

[Mcneive]

In a message dated 4/9/99 9:45:47 AM GMT Daylight Time,

cmeadendigitalnation [dot] co [dot] uk

 writes:


<< We have approached the company that registered the domain name to find out

 what their intentions are, and they hinting that they will sell the domain

 name for a price.

 

 Is this legal and is there anything we can do about it? >>


If, as you say, the domain uniquely identifies your client AND (particularly) 

if your client has a trade mark in that word/phrase, then (a) if it's a 

UK-administered domain, Nominet has a process (at 

www.nominet.net/ref/drs.html) you can go through to put the domain into 

dispute , and (b) in any event (whether it's a national domain or a global 

top level domain), you can consider threatening direct legal action in the UK 

courts on the principles outlined in last year's - by now, pretty well-known 

- "One In A Million" case (see, for eg, 

http://news2.thdo.bbc.co.uk/hi/english/uk/newsid%5F138000/138120.stm).


In these circs, a letter to the miscreants which carefully invokes that case 

stands a reasonable chance of getting them to hand the domain over.


[The position's a bit more difficult if the domain name is more generic.]


Hope this helps...


Liam McNeive

mcneive solicitors 

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