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  1. #21

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    If your domains are registered to an address outside the UK, it would make sense to change your whois record to a UK accommodation address in the event that you need / wish to apply for the .uk of your domain/s.

  2. #22

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    These seem to be the proposed method for rights holders etc when releasing the new names.... Phase 1 and phase 2 seem to be the wrong way round and will lead to confusion.

    K: Page 13

    http://www.nominet.org.uk/sites/defa...onic_form1.pdf

    1) Trademark holders
    2) domain holders if they were being used before 2 months prior to today
    3) Landrus
    4) General Availabilty
    Last edited by GreyWing; 01-10-12 at 04:05 PM.

  3. #23

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    Basically you can lose your domain name if there is a trademark on here, even if it is just a logo http://www.ipo.gov.uk/tm/t-find/t-fi...h-default.aspx

    This has happened before where a domain has contacted the owner of a TM logo and bought it from them, then made a claim against a domain and won it. Very worrying is phase 1 and phase 2 are in this order.

    Worrying as well that there is no indication or primacy for .co.uk over .org.uk or .me.uk
    Last edited by GreyWing; 01-10-12 at 04:14 PM.

  4. #24

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    Quote Originally Posted by GreyWing View Post
    These seem to be the proposed method for rights holders etc when releasing the new names.... Phase 1 and phase 2 seem to be the wrong way round and will lead to confusion.

    K: Page 13

    http://www.nominet.org.uk/sites/defa...onic_form1.pdf

    1) Trademark holders
    2) domain holders if they were being used before 2 months prior to today
    3) Landrus
    4) General Availabilty
    It's a concern that if you have had a domain on the backburner and decide now is a good time to do start development. You will have no rights to the new name unless you started development at least two months ago.

    Also what is deemed valid use. Is parking a domain valid use if this is your business model. What if you only use a domain for email, is that valid use ?

  5. #25
    invincible's Avatar
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    Scenario: registrant has held {something}.co.uk for 10 years. Someone else has held a registered TM on the same {something} for 2 years. Both want {something}.uk. Who gets it and why?

  6. #26

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    Remember guys a TM can be as something daft as a logo

    http://www.ipo.gov.uk/ohim?ohimnum=E9571019

    I could have been usurped for hgv.co.uk because of that logo. So it doesn't have to be a TM like most of you would understand it.

  7. #27
    invincible's Avatar
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    Quote Originally Posted by GreyWing View Post
    Remember guys a TM can be as something daft as a logo

    http://www.ipo.gov.uk/ohim?ohimnum=E9571019

    I could have been usurped for hgv.co.uk because of that logo. So it doesn't have to be a TM like most of you would understand it.
    Yes. DW (device + word) TM's can be easy to obtain. I'd be disgusted if one of those, particularly one registered recently, got priority over a domain name with registration history.

  8. #28

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    The more I think about it, the more unanswered questions and scenarios I can think of, which would each require a framework to resolve. Added to which, when someone says it's not 'a money making exercise' my gut response is, that's exactly what it is.

    - What is 'evidence of use'. I see lots of premium domains that don't resolve, surely it's a registrants right to use/not use a domain. Yet this 'usage test' whatever it might comprise of, potentially prejudices a registrants ability to claim unregistered rights during the sunrise.
    - Where you have different parties holding both the .co.uk and .org.uk of a domain - will each .uk domain be auctioned?
    - Assuming both the registered and unregistered rights sunrises need independent verification, does nominet understand the potential scale of this process with thousands and thousands of applications to be processed? How much will it cost?
    - Given some of the technical issues involved in selling off the short domains, does nominet really believe it could successfully run auctions for all of these domains?
    - Depending on the take up of domains during the sunrise there will presumably be a another huge tranche of auctions subject to more than one bid during the landrush. Again, I think that nominet have misunderestimated (sic) both the scale and complications of running this many potentially simultaneous auctions.

    Assuming the new namespace becomes successful - have they considered the future volume of DRS cases that will be brought by holders of existing .co.uk and .org.uk domains who decided not to take up their rights.

    I'm still formulating my view on whether .uk works. The success of the .co.uk namespace has been created primarily by the users of the .co.uk namespace - my current gut feeling is the release of .uk won't add sufficient diversity to the the UK internet relative to the problems the allocation of the domains will create.

  9. #29
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    Quote Originally Posted by getmein View Post
    Added to which, when someone says it's not 'a money making exercise' my gut response is, that's exactly what it is.
    Everything they do these days seems to be about money. They're supposed to be operating on a cost recovery basis yet have to give £millions of profits away to a trust every year, and then they're still charging £10 + Vat for an automated domain transfer, something someone mentioned would be looked at once the cost of developing the transfer system had been recovered. Expensive system!!!!!

    As for the main topic, I'm totally flabbergasted! My business interests aside, this announcement will cause confusion for regular folk thinking about buying a .co.uk domain and the whole 'security' angle gives the impression that existing .uk extensions are not secure. And to suggest that TM holders should have precedence over existing registrants shows a total lack of care/respect for existing stakeholders.

    If it goes through it's going to be very messy and confusing for everyone, if it doesn't will people be wary of the extension in case Nominet decide to try again in the future!

    Almost every comment I've read on news sites has been negative towards the proposal, let's hope that translates over to the consultation and Nominet actually listen to the responses rather than brush them aside and go ahead with it anyway - I won't hold my breath!

    Grant

  10. #30

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    It will be interesting to see how things like this get resolved!

    Cruise.co.uk v Cruise (Registered Trade Mark 2541643)
    http://www.ipo.gov.uk/domestic?domesticnum=2541643

    As the song goes… “there maybe trouble ahead”


 

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