# Domain name taken



## CN624 (10 Dec 2007)

Can anyone give some advice on a domain dispute resolution?

If you have a trade name registered and someone else then registers the domain name what are the options to getting it transferred?

Is it an expensive and drawn out process? 

On a related note, if you registered www.johnsmith.com can someone called John Smith apply to have the domain transferred to them because the 'own' the name??


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## z103 (10 Dec 2007)

Is it a .com or a .ie?
Did you ever own the domain in the past?
Are the people who have the domain squatters, or are they running something 'legitimate' from it?


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## CN624 (10 Dec 2007)

Its a .com
Not sure if they are squatters. Its not a business site for them, it seems to be a hobby of theirs.


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## ClubMan (10 Dec 2007)

Any use?

http://en.wikipedia.org/wiki/UDRP

Other (e.g. country specific) domains may have their own dispute resolution procedures and costs.


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## z103 (10 Dec 2007)

In that case I'd advise looking for a name that hasn't been taken. If you want to pursue it, and have deep pockets, this crowd used to deal with such issues
http://www.icann.org/


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## kkelliher (10 Dec 2007)

.com they could have the business name registered in any country in the world just like you may have in ireland.


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## ButtermilkJa (10 Dec 2007)

Unfortunately there is no way to get a .com domain name if has already been taken. .com's are first come first serve so even though you have an Irish registered business it makes no difference I'm afraid.

.ie domain names on the other hand are controlled a lot stricter and you can lay claim to a .ie if someone has already taken it. It just depends on who has the strongest claim to it.

Your only option is to choose another name for your business or go with a .ie instead, which will be fine if you are not trading internationally.


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## boskonay (12 Dec 2007)

.ie is also first come first served - it's just more difficult to get served in the first place.


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## ButtermilkJa (13 Dec 2007)

I agree it is 'first come first serve' but if you have more of a right to a .ie domain name you can lodge a complaint and if you can prove your right to the name then you can get it transferred.

As for being more 'difficult', I suppose it is compared to .com, but it still _very_ easy to get one.


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## blacknight (14 Dec 2007)

ButtermilkJa said:


> I agree it is 'first come first serve' but if you have more of a right to a .ie domain name you can lodge a complaint and if you can prove your right to the name then you can get it transferred.



That's not correct.

IEDR uses WIPO's UDRP process for disputes, so the cost of disputing a registration is quite high and has to meet several criteria.

Proving your "right" to a name does not guarantee transfer, as it is only one of the 3 basic WIPO tests


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## ButtermilkJa (14 Dec 2007)

Oh , that's interesting. I thought that was one of the powers the IEDR had, to protect Irish businesses online.


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## blacknight (14 Dec 2007)

ButtermilkJa said:


> Oh , that's interesting. I thought that was one of the powers the IEDR had, to protect Irish businesses online.



Well they do, in that each and every registration request has to be validated which means that the entity requesting it has to show an entitlement to it.
However it's not a registry's role to try and protect intellectual property rights etc., that's why most registries either have their own dispute system (internally) or rely on a 3rd party such as WIPO to handle it for them.

Personally I'd be a lot happier if they hadn't opted for WIPO's UDRP process as it is long and costly for all parties. Nominet dispute system appears to be a lot more accessible, though I haven't been party to any disputes there yet


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## dublinsense (20 Dec 2007)

On a related topic, there's a company in the UK that have taken two .ie domain names - that define a given product industry and then re-directed them to a .co.uk address - boasting that Uk Vat means Irish customers save 3.5% on VAT! 

I thought the idea was to have .ie addresses for Irish businesses and businesses operating in Ireland, not just delivering to there? Is there any argument here worth looking into?


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## blacknight (20 Dec 2007)

dublinsense said:


> I thought the idea was to have .ie addresses for Irish businesses and businesses operating in Ireland, not just delivering to there? Is there any argument here worth looking into?



Read the rules and regulations.

In common with a lot of cctlds, a business with a trade relationship with Ireland ie. selling to Irish business / end users, is perfectly entitled to register domains.

You're also entitled to register co.uk domains ....


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