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Cybersquatting cases down a bit in the UK

The number of cybersquatting complaints filed with Nominet declined slightly in 2018, according to the registry.

Nominet’s Dispute Resolution Service, which is a bit like the UDRP, handled 671 cases last year, compared to 712 in 2017.

The number of domains at issue was down from 783 to 763.

The slight decline appears to be because fewer complaints were filed against .org.uk, .me.uk and plain .uk domains.

The number of .co.uk registrations challenged was flat between 2017 and 2018 at 617 domains.

Only 49% of cases resulted in the disputed domain being transferred, according to the registry’s annual report (pdf).

Cybersquatting cases down in .uk

Kevin Murphy, June 23, 2017, Domain Policy

The number of cybersquatting complaints filed against .uk domains fell in 2016, according to data out this week from Nominet.

The .uk registry said that there were 703 complaints filed with its Dispute Resolution Service in the year, down from 728 in 2015.

However, the number of individual domains complained about appears to have increased, from 745 to 785. That’s partly due to registrants owning both .co.uk and .uk versions of the same name.

The number of cases that resulted in domains being transferred was 53%, the same as 2015, Nominet said.

The large majority of cases were filed by UK-based entities against UK-based registrants, the stats show.

UK cybersquatting cases flat, transfers down

The number of cybersquatting cases involving .uk domains was basically flat in 2015, while the number of domains that were transferred was down.

That’s according to Nominet’s wrap-up of last year’s complaints passing through its Dispute Resolution Service.

There were 728 DRS complaints in 2015, the registry said, compared to 726 in the year before.

The number of cases that resulted in the transfer of the domain to the complainant was down to 53%, from 55% in 2014.

That’s quite a bit lower than complainants’ success rates in UDRP. In 2015, more than 70% of UDRP cases resulted in a transfer.

Nominet reckons that the DRS saved £7.74 million ($notasmuchasitusedtobe) in legal fees last year, based on a “conservative” estimate of £15,000 per case, had the complaint gone to court instead.

More stats can be found here.

Dot-brand gTLD guilty of domain name hijacking

Kevin Murphy, May 6, 2015, Domain Policy

Fashion retailer Mango, which owns its own dot-brand gTLD, has been found guilty of Reverse Domain Name Hijacking after allegedly doctoring evidence in a .uk cybersquatting case.

The company, which runs .mango, lost a Nominet Dispute Resolution Service complaint against New Zealand-based domain investor Garth Piesse over mango.co.uk and mango.uk.

It’s only the sixth RDNH finding in 13 years of DRS history.

Mango tried to buy the domain using a pseudonym and, when Piesse asked for “six figures”, filed the DRS instead.

Piesse claimed in what appears to have been a well-argued defense that the person attempting to buy the domain on Mango’s behalf did not identify Mango as the would-be buyer.

Further, he claimed that Mango deliberately tried to hide this fact from the DRS panel by scrubbing its negotiator’s email address from evidence it submitted.

While DRS panelist Tim Brown did not agree that this omission alone was enough to find RNDH, he agreed that Mango did not have “entirely clean hands”. He ruled:

The sequence of events in the present case appears to show that the Complainant attempted to buy from the Respondent. When these negotiations failed the Complainant started proceedings under the DRS. As I have noted, the Complainant has relied on bare assertion and has provided a paucity of evidence to support its arguments.

Even a cursory reading of the Policy, Procedure and extensive guidance on Nominet’s website would quickly show that a matter concerning a clearly generic, dictionary term would require a higher standard of argument and evidence than is perhaps common. That the Complainant has failed to come anywhere close to providing sufficient argument or evidence is, in my view, strongly indicative that the Complainant pursued this dispute in frustration at the Respondent’s unwillingness to sell for a price it was willing to pay, rather than because of the merits of its position in terms of the Policy’s requirements.

I conclude that the Complainant brought a speculative complaint in bad faith in an attempt to deprive the Respondent of the Domain Names. I therefore determine that the Complainant has engaged in Reverse Domain Name Hijacking.

Spain-based Mango has owned its trademarks for well over a decade, and Piesse only got his hands on the domains in question in 2013 and 2014.

Piesse, who owns about 18,000 domains, was able to show that Mango the brand is unheard of in New Zealand and that he has a track record of buying fruit-based .uk domain names.

Former pop star is .uk’s 10,000th cybersquatting case

Kevin Murphy, October 27, 2014, Domain Registries

Nominet has processed its 10,000th cybersquatting dispute, according to the company.

Conveniently for the .uk registry’s public relations department, the complainant in the case was Aston Merrygold, a well-known former member of the pop group JLS.

He won astonmerrygold.co.uk, which was registered to London-based Martyn O’Brien, using Nominet’s 12-year-old Dispute Resolution Service.

Merrygold does not have a trademark covering his name, but the DRS panelist found that he had rights anyway, due to his relative fame and numerous TV appearances.

O’Brien registered the name in 2008, along with the names of Merrygold’s band-mates, after JLS appeared in the final of TV talent show The X Factor.

JLS had a brief but successful pop career before breaking up last year. Merrygold currently intends to go solo, which presumably inspired the DRS complaint.

Nominet also announced today that Tony Willoughby, who has been chair of the DRS panel since 2002, has stepped aside and will be replaced by DRS appeals panelist Nick Gardner.

Over 7,500 .uk cybersquatting cases heard

Kevin Murphy, November 7, 2011, Domain Registries

Nominet is celebrating the 10-year anniversary of its Dispute Resolution Service this week, saying that it has settled over 7,500 cybersquatting cases.

Based on a £15,000 estimated cost of legal action, the .uk registry reckons DRS has saved companies about £110 million ($176 million) over the last decade.

DRS has similarities but differences to UDRP. Notably, DRS has a formal mediation phase and an appeals process for registrants who believe their domains were wrongly taken from them.

The .uk zone currently has fewer than 10 million registrations, compared to the 135 million gTLD domains to which the UDRP applies.

WIPO and the National Arbitration Forum have settled about 35,000 UDRP complaints over the last decade. With that in mind, cybersquatting enforcement in .uk appears to have been relatively heavy.

FarmVille domain seized from Chinese squatter

Kevin Murphy, July 28, 2011, Domain Policy

Zynga has claimed control of the domain name farmville.co.uk from a Chinese cyberquatter.

The summary decision under Nominet’s Dispute Resolution Service was made July 14, and posted to the Nominet web site today, but the Whois still shows the previous owner.

According to Whois records, the domain was registered July 1, 2009, just a couple of weeks after the popular FarmVille game launched on Facebook.

The domain currently resolves to a Sedo placeholder page.

If this proves anything, it’s that owners of rapidly growing web applications need to keep an eye on their brands in non-core TLDs, because cybersquatters are too.

Did Twitter pay $47,000 for Twitter.co.uk?

Kevin Murphy, January 26, 2011, Domain Sales

The domain name twitter.co.uk, which was until recently listed for sale with a £30,000 ($47,000) price tag, is now owned by Twitter.

The domain now redirects visitors to twitter.com, and Whois records last updated a week ago show that it is now registered to the San Francisco-based company.

Until recently, twitter.co.uk led to a page calling itself a “thorn in the side of American imperialism” and containing a lengthy rant about the microblogging service, which The Guardian reported on in 2009.

It also, since April 2010, carried this notice:

This domain is for sale at offers over £30k. This valuation is based on the fact that I devoted 9 months of my life working on my own t.w.i.t.t.e.r. project in 2005. I have offered the domain to Twitter Inc, giving them “first refusal”, and as they turned me down I am now offering it to anyone else who may be interested. Obviously there are limits as to what you would be allowed to do with the domain and you should familiarise yourself with Nominet’s policies and, in particular, its Dispute Resolution Service (DRS)

The previous owner registered the domain in early 2005 for his own legitmate purposes, well before Twitter itself launched, so it was by no means a case of cybersquatting.

The domain would, of course, have been considered untouchable for any sensible domainer.

Nominet, the .uk registry, currently has no record of Twitter ever bringing a complaint to its DRS, so it seems likely that Twitter had to put its hand in its pocket to acquire the domain.

The change seems to have been first noticed by a Twitter user at the weekend. AcornDomains has a discussion.

(Hat tip: @MathewCoUk)