Well, well, well, what have we here…
Mr Bennison opened a dispute over this domain with Nominet and he LOST! Nominet ruled that this site was NOT an abusive registration, nor did he show rights to a name or mark similar to this domain.
Despite being marked as “optional”, the Nominet arbitrator went to town, explaining at length all the reasons why bailiffhelpforumarewrongagain.com is NOT an abusive registration. True to form, Jason misunderstood the meaning of “abusive registration”. This is what Nominet says on the subject:
What is abusive registration?
To successfully make a complaint using our Dispute Resolution Service (DRS) you must be able to prove the domain name, in the hands of the current registrant, is an abusive registration. This means you must be able to prove the domain name either:
- Took unfair advantage of or was unfairly detrimental to your rights at the time of registration or acquisition; or
- Has been used in a manner which took unfair advantage of, or was unfairly detrimental to your rights.
This means that the unfair conduct can happen at any point during the lifetime of the domain name, from registration onwards. The DRS doesn’t require that both the registration and use of the domain name be unfair. It’s also important to note that unfair use of a domain name covers use for any purpose, such as for a website or email.
For example, it could be that the registration was ‘fair’ (because the parties agreed at the time, or did not object), but the use later becomes unfair – because there is a change of use, a falling out between the parties, or a change of motive.
Example of abusive registrations
Not quite sure what constitutes an abusive registration? Take a look at these examples included in our DRS Policy:
- The domain name was registered with the primary purpose of selling or renting it specifically to the Complainant (or a competitor) for more than the Respondent paid for it
- The domain name was registered with the primary purpose of stopping the Complainant using it
- The domain name was registered with the primary purpose of disrupting the Complainant’s business
- The domain name has been used to confuse internet users
The list above isn’t exhaustive, and you may have another reason to make a complaint.Nominet UK domain disputes
Had Jason bothered to scroll down a bit further down the page, he would have spotted the following:
Evidence that a registration is not abusive
In our DRS Policy, we also give some examples of factors that may show the registration is not abusive, including:
Nominet UK domain disputes
- The respondent can show they have made preparations to use the domain name for a legitimate business
- The domain name is generic or descriptive and is being used fairly
- The domain name is being used purely for tribute or criticism
So, no, Jason, using a domain for criticism is NOT an abusive registration. People CAN be criticised. Not that he would know that, or would he? After all, he only spent three years running a hate campaign against various individuals…
It also looks like Mr Bennison tried to be too clever and used the opportunity to also complain about another domain at the same time. Two for the price of one, Nominet didn’t offer that deal to him, what a shame!