domain name dispute question

miju

hoping blacknight or someone similiar could help me out here as the IEDR were less than helpful

if a .ie is registered and has not even the remotest relevance to their business and they are a UK / US company what are the chances of getting the domain name of them by paying the €1,500 fee through the domain dispute resolution procedure

also when you enter .ie domain name it redirects to their business address

as far as i was aware only irish businesses / people could register the domain and while i wouldn't have a direct claim to the domain name i would stand a decent ground for the claim on it and it would be a valuable domain name (to me at least)

not giving any details of the domain name (obviously) but the registrant is here any help on this would be VERY much appreciated

mneylon

You do not have to be an Irish company / business to register a .ie domain. Many international companies have domains for brand protection purposes or for their Irish subsidiaries.

If you want to contact me directly with some more specific info I'd be more than happy to have a look at it for you (michele@blacknight.ie)

Michele

steve-hosting36

There is nothing you can do unless you have a case and want to fork out for the dispute resolution process.

All .ie domains are a first-come-first-serviced and as long as the registration conformed with IEDR rules, you need to file a dispute to do anything.

miju

thanks for the replies guys , (will email you blacknight) , i was always under the impression .ie domains were for irish companies people only hence the awkward signup process / expense to get your hands on a .ie

typical irishness i suppose

mneylon

steve-hosting36 wrote:

There is nothing you can do unless you have a case and want to fork out for the dispute resolution process.

Several of our clients have received "cease and desist" letters from trademark solicitors and have been forced to stop using the domains...

steve-hosting36 wrote:

All .ie domains are a first-come-first-serviced and as long as the registration conformed with IEDR rules, you need to file a dispute to do anything.

And some people have found some gaping holes in those rules unfortunately .....

jmcc

miju wrote:

while i wouldn't have a direct claim to the domain name i would stand a decent ground for the claim on it and it would be a valuable domain name (to me at least)

That right there is the flaw in your argument. You don't have any direct rights to the domain and only want it because you consider it valuable or have an indirect claim. The US/UK company may have it because they have a trademark, company doing business in Ireland or some other rights in it unless it is a completely generic domain name. Even if you opt for a dispute resolution process/complaint, you have to have a rock solid case before you do anything.

Regards...jmcc

miju

the company is a hosting company and 100% has not got even the tiniest , REMOTEST relevance to the domain name in business name or market type that they are using that forwards to their domain

thing thats annoying me is that I always thought the .ie domain was there to promote the "irish brand" etc, etc and as such only irish business could get them , grrrrrr

i'm aware i've a very shaky case going the dispute resolution route hence asking here first, though i'd still say i have more right to "claim" the domain in question

Liam Byrne

While it's not restricted to Irish companies, I did think it was limited to companies, trade names and/or trademarks dealing in or from Ireland ?

Isn't that why IEDR need a registered company number/headed paper/VAT number to register it ?

So if the company (as you say) has absolutely no association with the domain name, it would appear that they are squatting - something I didn't think was possible with a .ie

Are you 100% certain that the company has no claim or association to the domain ? Remember, they don't have to be an Irish company - they could just sell to Ireland or own an Irish trademark, brand or subsidiary.

smash

how do you know they own it, they might have registered it for a client and it's just pointing to their server because they're the hosting company....

mneylon

steve06 wrote:

how do you know they own it, they might have registered it for a client and it's just pointing to their server because they're the hosting company....

From his first post it sounds like he checked the WHOIS output, but as he hasn't told us what the domain is there's no way to verify that ...................

smash

blacknight wrote:

From his first post it sounds like he checked the WHOIS output, but as he hasn't told us what the domain is there's no way to verify that ...................

ye but they still could have registered it for someone else, in here's we've registered hundreds for our clients.

mneylon

steve06 wrote:

ye but they still could have registered it for someone else, in here's we've registered hundreds for our clients.

If you have been doing that then you are in breach of the registry rules.

miju

Liam Byrne wrote:

Are you 100% certain that the company has no claim or association to the domain ? Remember, they don't have to be an Irish company - they could just sell to Ireland or own an Irish trademark, brand or subsidiary.

100% sure , i've decided not to go the domain dispute route due to the cost and because the URL now seems to have stopped going to the hosting company and is now forwarding to an irish company , so the domain in question is www.music.ie

mneylon

miju wrote:

100% sure , i've decided not to go the domain dispute route due to the cost , so the domain in question is www.music.ie

miju

That domain is NOT registered to rackspace - it merely sits on their nameservers

The registrant has a registered business name for the domain name and is an Irish citizen

Michele

miju

the domain was forwarding to the hosts though and just switched over this morning when i check it again because it certainly wasn't forward to the same site over the weekend

ah well , thanks for the advice guys mucho appreciated

Just My View

May be slightly off topic but certainly worth a read.

I found this by googleing for rackspace.ie.
It came up as the third or fourth link.
The last bit is particularly interesting from a boards.ie point of view.
I hope I'm not letting any cats out of any bags...;)

http://eoincostello.com/board_hosting356_thread_2.html

mneylon

Just My View wrote:

May be slightly off topic but certainly worth a read.

I found this by googleing for rackspace.ie.
It came up as the third or fourth link.
The last bit is particularly interesting from a boards.ie point of view.
I hope I'm not letting any cats out of any bags...;)

http://eoincostello.com/board_hosting356_thread_2.html

Some people obviously have too much spare time on their hands .....

There's also this page:
http://eoincostello.com/novara_threads.html

which is pretty pathetic really

miju

got about half way through that link before i got vicious flashbacks of the hosting forum :-)

Sposs

Yes i think everyone knows about poor eoins unhealthy obession with H365

Cr8or

Say you have an Irish trademark on a term plus a ltd company with a related name yet the domain has been reged under "Discretionary Name" .. is it worth forking out the €1500 to get the name back? would this be a stronger case?

mneylon

Cr8or wrote:

Say you have an Irish trademark on a term plus a ltd company with a related name yet the domain has been reged under "Discretionary Name" .. is it worth forking out the €1500 to get the name back? would this be a stronger case?

Possibly... but not necessarily...

If you look at the previous decisions that have been taken with IE domains the closest one (possibly) would be the case of three.ie:
http://www.wipo.int/amc/en/domains/decisions/html/2005/die2005-0001.html

In other instances it's a lot more clearcut:

http://www.nominet.org.uk/disputes/drs/decisions/?contentId=2071 (PDF download)

miju

rather than start a new thread, if a company that a domain is registered to has been struck off , would that effect a .ie domain name in anyway?

for example could you contact the IEDR and reserve / register the domain before it expires or something similiar , think i know the answer already but just curious