Council Attack LOW Website
a report from Leicester's Other Website...
the site that Leicester City Council want to suspend 
See the correspondence so far...
read the story as it unfolds

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For: Alan Trench

Dear Sirs

1. We refer to our letter of 9 October 2000. We now write to inform you of the outcome of Nominet's decision in connection with this matter.

2. On 21 February 2000 you requested that Nominet act under its Rules to suspend the delegation or cancel the registration of the Domain Name leicestercitycouncil.co.uk.

3. It is Nominet's policy, as set out in clause 7.1 of Nominet's Terms & Conditions, to register Domain Names on a first come, first served basis.

4. However, clause 7.3 of the Terms & Conditions gives Nominet the discretionary power to cancel the registration or suspend the delegation of a Domain Name in exceptional circumstances. Exceptional circumstances are defined to include:

Where to maintain the registration would put Nominet UK in conflict with statutory obligations or the terms of a Court Order, or

Where the registration or use of the Domain Name conflicts with Nominet UK's Rules for the .uk Domain and Sub-Domains in force from time to time.

5. Clause 7.4 of the Terms & Conditions states that Nominet does not accept responsibility for the use of any Domain Name, and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts.

Nominet's Rules for the uk Domain and its Sub-domains ("the Rules")

6. Nominet's Rules which are referred to in clause 7.3 of the Terms & Conditions, form part of the contract of registration.

7. Paragraph 3.5 of the Rules sets out 5 discretionary grounds on which Nominet may cancel the registration or suspend the delegation of a Domain Name. Please note that Nominet does not have the power under its Rules to transfer the registration of a Domain Name.

8. On the basis of your complaint, the relevant grounds in this instance are as follows:

If it is drawn to Nominet UK's attention that the name is being used in a manner likely to cause confusion to internet users;

Where Nominet UK is of the opinion that one of the above events is likely to occur.

Current status and use of the Domain Name

9. The Domain Name was registered by Valiant Internet Services Ltd, an internet service provider, on 15 April 1999 on behalf of Tin Drum Information Services.

10. As at today's date, the Domain Name connects to the URL http://www.leicestercitycouncil.co.uk. Nominet has no knowledge as to whether the Domain Name is being used for the purposes of sending or receiving e-mails.

The Parties' submissions

11. During the course of the dispute, the complainant has made three written submissions to Nominet, on 21 February, 1 June and 16 October 2000. The registrant has made three written submissions to Nominet, on 12 March, 22 June and 13 October.

12. In addition, the complainant had a number of telephone conversations with members of Nominet's staff who sought to establish whether a mutually acceptable resolution to the dispute could be achieved.

13. The parties' submissions can be summarised as follows:

Submissions on behalf of the complainant

14. During the course of the dispute the complainant made the following submissions:

15. The City Council's website is at leicester.gov.uk. The Council has not approved the use of its name nor the site operated by the registrant. However, it is the name of the site not its contents which is the complainant's concern.

16. The Council wishes to encourage free and open debate about Leicester affairs, but is concerned that use of the Domain Nwne is likely to lead to confusion. This is a case of "cybersquatting".

17. Notwithstanding the disclaimers and hyperlinks on the site, the Domain Name is in itself misleading to intemet Users.

18. The rules in the Companies Act prohibiting registration of a company likely to give the impression that such company is connected with a local authority should be applied similarly to domain names.

19. The registrant also owns leicestersotherwebsite.co.uk, so re-establishing the site at that address (which more accurately describes its content) would not be a problem.

20. The fact that other local authorities have been similarly targetted is irrelevant, but none of those other sites supply information about the councils in question and so do not affect the local authorities in the same way as here.

21. Acceptance of registration of the Domain Name may have been in bad faith.

Submissions on behalf of the registrant

22. During the course of the dispute, the registrant made the following submissions:

23. The Domain Name is the URL, of the online publication, "Leicester's Other Website". The Council is the theme of the site. The site went online itt 1999.

24. The URL is not a company name. It has no intention of giving the impression that it is connected with the complainant.

25. In particular, confusion is avoided by:

clearly naming the index.htm page Leicester's Other Website;

having a distinctive logo incorporating the name Leicester's Other Website,

· showing email as eg:

editor@leicestersotherwebsite.co.uk

feedback@leicestersotherwebsite

· having clear links to the complainant's site on:

http://www.leicestercitycouncil.co.uk http://www.leicestercitycouncil.co.uk/disclaimer.htm

having a clear disclaimer that reads:

"Please note that www.leicestercitycouncil.co.uk is the online publication of Leicester's Other Website. The site is in no way connected to the government institution known as Leicester City Council, Leicester UK. The proprietors of this site in no way claim to represent Leicester City Council or to speak on their behalf".

26. The site was set up and run in good faith. Further, it is likely that the registrant's site will bring extra traffic to the complainant's site.

27. A considerable amount of time and expense has been put into creating and promoting the site.

28. All official council sites end in "gov.uk" so this site cannot be "official".

29. It does not own leicestersotherwebsite.co.uk, so cannot easily move there.

30. Numerous other citycouncil.co.uk domain names are owned by parties who have nothing to do with city councils (unlike the site at the Domain Name).

31. This issue is a matter of free speech and the complainant is trying to restrict this as they are unhappy with the registrant drawing attention to certain subjects.

32. It is interested in positive suggestions for a resolution of this matter.

Domain Name being used in a manner likely to cause confusion to Internet users

33. In order to be successful under the ground that a Domain Name is being used (or is likely to be used) in a manner likely to cause confusion to internet users, it is not necessary for a complainant to show that confusion has actually occurred, merely that it is likely to occur. However, we state for the record that neither party has provided any evidence to suggest that the Domain Name has been used in a manner which has caused actual confusion to internet users.

34. In the absence of any evidence of confusion, Nominet bases its decision on the submissions of the parties and a comparison of the relevant web sites. The complainant's web site at leicester.gov.uk is headed "Welcome to Leicester City Council's Home Page". The registrant's site is clearly headed "Leicester's Other Website" and obviously contains material which is adverse to the complainant. It further contains prominently on the home page a disclaimer which states:

"Do not be confused, LOW IS UUUUU...! Unapproved, Unauthorised, Unofficial, Unendorsed and Unconnected... Leicester's Other Website is unofficial, unconnected to, unapproved of and not endorsed by Leicester City Council".

It is then possible to click on to a fuller disclaimer page (which is quoted at paragraph 25 above) and which contains a link to the complainant's site.

35. It is Nominet's view that the Domain Name is not currently being used in a manner likely to cause confusion to internet users as there is no evidence of confusion and clear disclaimers on the registrant's site. Given that Nominet has had no indication from either party that Tin Drum Information Services may intend to change use of the Domain Name, in Nominet's opinion there is no basis for finding that the Domain Name is likely to be used in a manner likely to cause confusion to internet users.

Nominet's decision

36. Having reviewed the facts and such documentary evidence as we have received, it is Nominet's decision not to take any action in this instance. Clearly if Tin Drum Information Services or any future registrant were to use the Domain Name in the future in a manner likely to cause confusion to internet users, Nominet reserves the right to review its decision.

Referral to Independent Expert

37. As you are probably aware, if any party affected is dissatisfied with Nominet UK's decision under the Dispute Resolution Service, Nominet UK will, at that party's request, refer the matter to an independent expert for a written recommendation that Nominet UK should confirm or revoke its decision. If you wish to make such a request, please contact Nominet's solicitor, Emily Taylor.

Yours faithfully
Nominet UK

cc: Leicester's Other Website, Tin Drum Information Services

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