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July 30th, 2010 |
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Reviews & Comments:Nominet Proposed Changes Take Effect
The proposed changes to Nominet’s policies and procedures for .uk domain name dispute resolution services (DRS) in the United Kingdom have been approved and implemented. The new provisions impact claims filed on or after July 29, 2008, while all prior claims will be processed under the rules in effect at the time the claim was filed. The amendments have been set to deal with the recent influx of bulk domain registration. More specifically, Nominet tailored the rules to address the 52 percent of cases where there is no response to the DRS complaint from the domain owner. Unopposed disputes will now automatically be resolved in favor of the party claiming a right to the domain name, and a summary decision or a full judgment with reasoning can be sought for a fee, ₤200 and ₤750 respectively. Laches Proves to be a Viable Defense for Domain Owners A court in the Southern District of Florida recently barred a trademark owner, who sought possession of a domain that allegedly infringed on his mark, from asserting claims under then Lanham Act and the Anti-Cybersquating Consumer Protection Act (ACPA) due to the Doctrine of Laches, thus dismissing the case in favor of the defendant. The doctrine of laches is considered in the legal realm to be an "equitable defense" that rewards those who diligently assert their claim and penalizes those who procrastinate when avowing their rights. Under this doctrine if party delays in stating their claim and as a result that delay unfairly prejudices the opposing party then the opposing party may assert the defense of laches. Generally, for a party to be unfairly prejudiced it must be shown that as a result of the delay the opposing party is in a worse position now then at the time the claim should have been brought. Should You Invest in the .mx? The recent rapid growth in registrations of the .mx, the country code Top-Level Domain (ccTLD) for Mexico, has astounded many. Initially, it took over 15 years for the .mx extension to reach 100,000 registrations, but over the past 3 years alone that number has more than doubled. The influx of interest can most likely be attributed to the increase in awareness and usage of the internet throughout Mexico. Smart Advertisers Put Domain Monetization to the Test As the financial crisis continually looms over what seems to be an endless economic downturn, companies are finding themselves increasingly cautious when it comes to making sure their marketing efforts are receiving the highest return on investment (ROI). Although an increasing number of businesses already utilize the flexibility and reliability of online advertising , many have yet to tap into the potential profit that Pay Per Click (PPC) advertising through domain monetization can offer. Posted by Brian on October 16 2008 Write a Review or Comment
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