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I had a domain dispute filled against my domain express.pk, which I have had since 2006..

The dispute was handled by: DNDRC.

The company which complained has a trademark for the word "express"..

I responded back in 7th June 2010, and I have received a response today, saying that they will transfer the domain in 48 hours..

Is it allowed after so much time?.

Also in the case I had stated that I have a running website and gave them details to access the additional development sections of the website, but in the case they have put:.

"In this case, the Panel cannot see any offering of goods and/or services on the disputed domain name. Not only are all the links/tabs inactive but hits to the same reverts the user back to the same page. Furthermore, nowhere on the dispute domain name can it been that the webpage is under construction, or a disclaimer about future/further activity.".

Is there anything I can do?.

The Panel was 1 person.

If someone can help me keep my domain I can think about offering a share in the domain...

Comments (9)

You need to do the smartest thing anyone can do in a case like this. Call a Domain Name Lawyer.

Here's just one of many found on Google: Domain Name Law | Lewis and Hand, LLP | New York Law Firm.

If you believe this domain name is worth fighting for, then it may cost you some money. But down the road, when you make that huge end user sale, it will be worth it.

Good luck! Call a lawyer!..

Comment #1

Hmm.... this is ONLY going off your quote, but the grammar is BAD there and makes me wonder if someone is attempting to trick you. Unless that is your paraphrase of some obviously legit email or document that you received.

I don't want a share, but if I were you I would confirm all links are valid AND be on the telephone to confirm the legitimacy of this claim before handing it over...

Comment #2

If this was a real dispute with a UDRP you wouldn't given a 48 hours or else warning. ICANN would just transfer it. Sounds like an empty threat to me. And personally I don't see any TM problems with your site.

And you say you won a dispute. In that case definitely ignore the threat. I'm not a lawyer and this is all just my personal opinion...

Comment #3

Sorry, edit on my first post, DNDRC have said they will transfer the domain.

All the emails I received are from DNDRC, which is the pakistan domain .pk dispute resolution service for PKnic...

Comment #4

Express is an English word. I don't understand on what basis DNDRC or whoever they are trying to transfer the name to someone else. I think you need call a lawyer in your country...

Comment #5

They have got a trademark for the word "express" in Pakistan. But the company uses it for "express news" but they have been granted the trademark for "express"..

Comment #6

Have you violated their trademarked rights, i.e. doing identical or similar kind of business? Have you tried to sell their products on your site? Have you advertised their products or services on your site? If the answer is no to all the above questions then I don't think the trademark holder can have exclusive rights on a generic word...

Comment #7

No, they are a news paper, and I am a online directory and a have developed a online estate agent site, which I showed the panel. But they put that my website is not active, just a parking page...

Comment #8

Could be legit, might be a scam. Do not click any links to change ownership, be wary of email correspondence, etc.

If the complainant really won the dispute, which is highly likely if it's the Daily Express who seeks the domain, the ownership will be changed without you doing anything by the registrar or by PKNIC itself.

On a related note, since there appears to be some confusion ... ICANN has nothing whatsoever to do with ccTLD disputes - PKNIC chooses to utilize the ICANN UDRP policy as a framework / template, but PKNIC's supplemental UDRP policy and their registry policy supersedes that.

Your only viable option looks to be filing a lawsuit to get the transfer blocked / reversed. At this point, I doubt any domainers can really help other than those who are experienced domain attorneys.

Ron..

Comment #9


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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