[BNM] Can anyone offer some legal advise on a domain?

[Nick Wilsdon]

Sorry Andy - think Gmail is going a bit odd for me today. :)

1) What is the domain extension? This will determine which Registry you are
dealing with. If it's a .UK domain then you want to start reading up at
Nominet (http://www.nominet.org.uk/disputes/). If it's a COM - look at their
arbitration documents (http://www.icann.org/en/dndr/udrp/uniform-rules.htm)

It's going to cost money though - around 750 GBP in either case I believe.

2) It can be worth approaching the current Registrar - some will act without
a Registry arbitration

3) There are some help groups out there - eg.
http://www.domainthefts.org/that will advise

AFAIK a large part of your case will rest on whether this person was
employed or under the instruction of the charity when they bought this
domain. Again INAL, but I have heard this is more important than the origin
of the payment, i.e. if a web designer is working for a client when they buy
the domain, it does not matter that they used their own credit card the
important part is that they were working for the client at the time. If you
have an invoice then it's even better of course.

I don't know much about the trademark angle but I think that would come down
to what they do with the domain. Trademarks are associated with a specific
industry or activity, for example, I can register the domain adidas.com as
long as I don't put anything on the site about sports equipment. (Yes, there
are cases where the trademark owner goes for you anyway and ties you up in
red tape for years.)

Depending on where you are fighting this - ICANN or Nominet - I would get
hold of a lawyer used to their proceedings. There are plenty on the net now.
We have a lawyer for RU domain disputes that we use here. A lawyer may also
be able to put the frighteners on this guy with a few well worded letters
before you get to the arbitration stage but they will advise you on that.

HTH

Best Regards

Nick Wilsdon

e3internet
http://www.e3internet.com

Skype: Nick_Wilsdon
Tel: +7 4932 346314
Blog: http://nickwilsdon.com