# disputing a domain name registration



## storm (26 Apr 2007)

How do I go about disputing a .ie registration. The domin I want is registered to an unknown individual through a domain register.

Breif background:
The .com has been registered to my company for 8 years. The name (minus the .com) has been registered as my company name for 11 years and is a ltd. I use the name on all my packaging and it is a part of my branding. It is not a personal name but a phrase. I am about to launch a new much bigger website and want to redirect the .ie to the .com. I am also registering the .eu , this is how I discovered the .ie was gone

Thanks for any advice


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## ClubMan (26 Apr 2007)

Click on the _Dispute Resolution_ menu option on the IEDR website.


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## storm (26 Apr 2007)

thanks


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## johndoe64 (26 Apr 2007)

if you go on here there is a dispute resolution section.

http://www.iedr.ie/

Crossed with Clubman


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## blacknight (27 Apr 2007)

You should also take the time to read over previous dispute cases to get a better understanding of which arguments are acceptable and which aren't:
[broken link removed]


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## Brendan Burgess (27 Apr 2007)

Hi Storm

I have no confidence in the IEDR. They gave askaboutmoney.ie to someone with no claim on the name, having refused it to me. 

They insisted that we go through the dispute resolution procedures, although I pointed out that they made a serious mistake and it was not my fault. Given that we are a voluntary site, we could not afford the fees involved in voluntary dispute resolution. 

Fortunately, the guy who registered askaboutmoney.ie agreed to transfer it to me. He was using it to redirect it to another finance website and I told him that this was "passing off".

Brendan


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## bond-007 (27 Apr 2007)

You will most likely have to go thru WIPO to get any satisfaction. The thing is do you have $1500 to spend on it?

I agree the .ie shower are hopeless. They allowed someone to register the domain police.ie and it was not the Gardai.   It seems they will allow any domain to be registered so long as a RBN cert is produced.


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## blacknight (27 Apr 2007)

Brendan said:


> Hi Storm
> 
> The .ie people are an absolute disgrace. They gave askaboutmoney.ie to someone with no claim on the name, having refused it to me.



That's highly unlikely. If the domain was registered to someone else they would have had to comply with the registry rules and either produce an RBN or some form of documentary evidence


Brendan said:


> They insisted that we go through the dispute resolution procedures, although I pointed out that they made a serious mistake and it was not my fault. Given that we are a voluntary site, we could not afford the fees involved in voluntary dispute resolution.


Any domain registry that has a dispute resolution policy is bound to using it. They can't simply decide that your claim falls outside it or not as it would make a mockery of the system


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## blacknight (27 Apr 2007)

bond-007 said:


> You will most likely have to go thru WIPO to get any satisfaction. The thing is do you have $1500 to spend on it?



It will cost you a lot more than $1500 if you want to do it properly.



bond-007 said:


> I agree the .ie shower are hopeless. They allowed someone to register the domain police.ie and it was not the Gardai.   It seems they will allow any domain to be registered so long as a RBN cert is produced.



To say that the IEDR are "hopeless" is gross generalisation. 

A lot of people complain about the IE registry because they have stricter rules than say .co.uk, but they aren't happy when the rules don't suit them.

The EUBrowser lot you refer to have already lost a couple of the domains they registered through WIPO.

The counter argument to police.ie is very simple. If the gardai were entitled to it, why didn't they register it?


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## bond-007 (27 Apr 2007)

blacknight said:
			
		

> The counter argument to police.ie is very simple. If the gardai were entitled to it, why didn't they register it?


There is the whole thing of misrepresentation, people could be conned into thinking it belongs to the Gardai.


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## johns75 (27 Apr 2007)

I went to register my exact company name.ie which is a legitimate LTD company in Ireland. I found that an english company with the same name have it registered and redirecting to their .co.uk website and get this: they don't even sell to Ireland, if you try order from them the country option on the address form is UK only. So how did they register the name if its run so professionally? Disputes of this nature should be free of charge or at least refundable if you win your case. Or better still, the offender should be made pay the fee, that would stop opportunists abusing the system.


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## blacknight (27 Apr 2007)

bond-007 said:


> There is the whole thing of misrepresentation, people could be conned into thinking it belongs to the Gardai.



Maybe, where are you going to draw the line?

irishpolice.ie ?
policeireland.ie ?
etc., etc.,


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## runner (27 Apr 2007)

even the eponomous pop group could claim police.ie


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## vector (28 Apr 2007)

runner said:


> even the eponomous pop group could claim police.ie



yes I assume they have a european trademark for that

however that particuar domain has already been registered 


as for the domain one option is to wait until they go out of business and/or "drop" the domain name thereby freeing it up for your fresh registration


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## storm (28 Apr 2007)

guys , does it really cost that much for a dispute?? 
Im shocked, its my comapanys registered name!!!

We're a small irish company and the website has cost a lot of money to develop and i really havnt a spare 1500 euro to dispute the claim. If we have to we'll get it , but I dont even know who the registrar is to talk to them and buy it off them. 

Is there anyway to find out who the registrar is?


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## Brendan Burgess (28 Apr 2007)

Storm

The guy who registered askaboutmoney.ie was redirecting it to another financial website. I told him I would sue him for "passing off" and he agreed to transfer the name to me. 

Interestingly, the IEDR don't appear to do transfers. I had to wait for him to let it expire and then register it afresh.

Brendan


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## blacknight (28 Apr 2007)

storm said:


> Is there anyway to find out who the registrar is?



Do a whois lookup on the domain and you will see who the registrant is. For example:


```
whois askaboutmoney.ie

% Rights restricted by copyright; http://www.domainregistry.ie/copyright.html
% Do not remove this notice

domain:      askaboutmoney.ie
descr:       Brendan Burgess
descr:       Sole Trader
descr:       REGISTERED BUSINESS NAME
admin-c:     ADA142-IEDR
tech-c:      HH36-IEDR
renewal:     27-February-2008
status:      Active
nserver:     NS1.HOSTING365.IE
nserver:     NS2.HOSTING365.IE
source:      IEDR

person:      Brendan Burgess
nic-hdl:     ADA142-IEDR
source:      IEDR

person:      Hosting 365 Hostmaster
nic-hdl:     HH36-IEDR
source:      IEDR
```

You can check it either on the IEDR's site or on http://www.who.is/


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## ButtermilkJa (28 Apr 2007)

vector said:


> yes I assume they have a european trademark for that
> 
> however that particuar domain has already been registered
> 
> ...


Surely someone in IEDR has to notice domains such as nike.ie, adidas.ie and hear bells ringing? Do they just register anything that someone pays them for? Even if they know there will be a definite dispute?


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## storm (28 Apr 2007)

well, i looked it up and compared it to the example above. Instead of saying "registered business name" it says "discretionary name"

Does this mean anything? When I clicked on the "status - active" link it just has a page that says its reserved by irish domains 

any sugesstions before I go down the dispute road


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## bond-007 (28 Apr 2007)

It is most likely these guys are cybersquatting and have no intention of setting up or using the domain. You can try contacting them. They will likely name a price if you contact them, I bet you that the price will be $100 less than the WIPO costs.


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## bond-007 (28 Apr 2007)

ButtermilkJa said:


> Surely someone in IEDR has to notice domains such as nike.ie, adidas.ie and hear bells ringing? Do they just register anything that someone pays them for? Even if they know there will be a definite dispute?


IEDR don't handle disputes as these must go to WIPO. They will not do anything unless directed to do so by WIPO.


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## blacknight (28 Apr 2007)

ButtermilkJa said:


> Surely someone in IEDR has to notice domains such as nike.ie, adidas.ie and hear bells ringing? Do they just register anything that someone pays them for? Even if they know there will be a definite dispute?



I've spoken to the IEDR at length about this.

If the applicant is able to work within the rules it is not the registry's role to protect the trademark.


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