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Domain Name - Nominet Change

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Lawdit Solicitors - Expert Author

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Released 4 July 2008

Nominet released details of amendments to its dispute resolution service policy, known as the drs, which will take effect from 29 July 2008. Its aim is to save complainant's time and money in undefended DRS cases. Other rights include descriptive rights where descriptive domains have secondary meaning; and an additional likelihood of confusion factor concerend with abusive registration.

The new policy will also recognise that a businesses that sell domain names for profit, will not necessarily constitute abuse in the first instance but on the facts.

A new fee has been instroduced in the sum of 200+VAT which reflects cases where summarily the Complainant can have the domain name transferred as the Respondent has failed to respond.

Nominet has introduced a "likelihood of confusion" factor and makes it clear that threatened use of a domain name may be evidence of an Abusive Registration. Nominet has done this as it reflects the interpretation which has consistently been made in Expert decisions, and reflects English law.

See policy here http://elite.lawcol.com/webapps/portal/frameset.jsp?tab_id=_11_1

See procedure here http://elite.lawcol.com/webapps/portal/frameset.jsp?tab_id=_11_1

Michael Coyle is a solicitor advocate who specialises in information technology law and intellectual property law.


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2008-07-13 15:04:18 in Legal Articles

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