Whether they would bother is another matter as the .com UDRP is expensive and very long wifted. In most cases they would make you a private offer beforehand anyway...
Whether they would bother is another matter as the .com UDRP is expensive and very long wifted. In most cases they would make you a private offer beforehand anyway...
Probably register the abuse of their trademark with one of the resolution services initially to have the domain changed as soon as possible. Then you're probably in for legal proceedings as they would claim damages to their registered trademark, which considering it's value could be costly. http://www.icann.org/en/udrp/udrp.htm
Disputes concerning country code Top Level Domains (ccTLD) such as .co.uk, .fr (France), .de (Germany) are managed by the individual country registry. Nominet is the registry for the UK.
Also...
(3) Bad faith. The disputed domain must have been registered and used in bad faith. Both these elements of bad faith must be proved. The UDRP has set out a non-exhaustive list of what constitutes bad faith. These include the following:
diverting users to other sites by creating a likelihood of confusion;
And..
Nominet dispute resolution procedure
Nominet will order the transfer of .uk domain names provided you can show that you have a right (whether or not registered trade mark rights) in the name which is identical or similar to the domain name and that the registrant's registration is an 'abusive registration'. Much like the UDRP's bad faith requirement, Nominet will consider a registration abusive if it has been registered or used in a way that creates an unfair advantage or is unfairly detrimental to the complainant's rights. Much the same behaviour that indicates bad faith in UDRP decisions will also constitute an abusive registration in Nominet's procedure.
The Nominet procedure involves various stages. The first step is a non binding, confidential and without prejudice mediation to resolve the dispute. Failing this a decision will be made by an individual expert. In some circumstances, the losing party then has the option to appeal to a panel of three experts or initiate court proceedings.
request all new members to the forum order something from non plural overclockers and then return it under DSR (minus some critical but hard to notice part) until they give sell you the domain??
They can attempt to. There are many instances of companies taking action to attempt to gain ownership of domains they believe should be theirs. Whether they are successful or not depends on a large number of factors such as existing intellectual property rights, who has built up goodwill, whether the current owner is abusing existing trademarks, whether the domain is a generic term etc etc etc.
If it is the overclocker name your referring to then you'd need to research into a Nominet DRS rather than a UDRP.
Read through previous DRS cases to judge whether it's worth your time/effort, i'm not sure if the term "over clocker" could be seen as being a generic term or not. I'm pretty sure you'd have a good case as they are clearly trying to poach your stray traffic/emails.
There are a lot of legal cases relating to this subject that are outside of domain dispute processes and depending on the domain suffix the procedures can vary greatly.
We fight similar things all the time at work (envirofone). I'm not the one responsible for it (our CTO is), however I do know that we haven't failed to win yet, and have had many sites taken down.
We currently have two open cases, one of them is envirophonerecycling.co.uk which appears to be a random back-room trader, but the other is our main competitor environfone.co.uk (note the "n" in environ), mazuma.
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