Proving Bad faith registration and repercussions

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AnfieldBoy

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#116317 25-Apr-2013 10:47

Hi all, sometime ago I became embroiled in a complaint through the DNC.

What I would like to know is how exactly is 'bad faith registration / Domain Name Hijacking' determined in NZ for .co.nz addresses and what are the repercussions of bad faith?

Regards
AB

Ragnor

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#805544 25-Apr-2013 18:36

It's well explained on the DNC site
http://dnc.org.nz/story/drs-home

LennonNZ

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#805555 25-Apr-2013 19:02

I presume someone registered a domain on behalf of the owner of the domain and put it under their own name? Or they registered a domain which included someone else's trademark? (ie nikeshoes.co.nz)

Repercussions? Normally the domain gets changed into the real owners account and it is made public (decisions are on the DNC website). The person who registered it in bad faith gets a bad name for doing so.

All decisions can be seen here: http://dnc.org.nz/decisions

AnfieldBoy

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#805566 25-Apr-2013 19:28

Thank you I am in the middle of the process at the moment so I am quite up to date with the DNC website, the website doesn't really give much insight into bad faith registration primarily because it is such a arbitary ruling.

Has anyone had any experience of the DNC process be it as a complainant or as a responder?

AB

LennonNZ

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#805572 25-Apr-2013 19:40

As you can see on the DNC Website 99% of the time the person who has complained wins and the person who registered the domain under their own name did wrong.

Registering Domain names with other peoples licenced/trademark names is a common problem.

Maybe you want to give your side of the story and people can comment and give you ideas. (I presume someone has gone to the DNC regarding a domain you have registered). Without knowing details no one can even guess on how to respond or even if you will win/lose.

btw: I've worked at ISP's/Registrars for 20+ years and delt with domain names from when registering a domain name process was to email one of the staff @ Waikato university so I have a little idea about them :-)

AnfieldBoy

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#805577 25-Apr-2013 19:48

Hi thank you for your reply, I really cant give any information on the complaint as it is currently at mediation my query was about bad faith and its repercussions.

Have you had any experience in domain name disputes for the .com domain? How does the process and cost differ than that used by the DNC here?

AB

LennonNZ

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#805585 25-Apr-2013 19:58

Repercussions? You won't go to jail. its not a criminal act. You'll loose . the domain name will get taken off you.

Complaints about domain names are free as far as I know unless you want to pay a lawyer to write up your side of the story.

Why can't you comment? I presume both sides have given their side and its up to the DNC to make a decision.

.com domain names go thru a different but similar process

A good example is "newzealand.com" which went to WIPO (These people look after .com Registration Complaints)

http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0754.html

The NZ Government actually lost and then paid NZ $1,000,000 to buy it off the previous owners after this:-)

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AnfieldBoy

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#805599 25-Apr-2013 20:14

Hi thank you cant comment on the case yet it is at mediation, both sides have given their response if no agreement then it potentially goes to the expert.

In the case of DNC to make a complaint and mediation are both free, if the complainant is not satisfied with mediation then the complainant can take the case to the expert for $2000.

Does WIPO work the same way, i.e. free to make the complaint then a mediation process then a paid expert?

AB

LennonNZ

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#805604 25-Apr-2013 20:21

http://www.wipo.int/amc/en/center/faq/domains.html