Myspace, the popular social networking site, has failed in its latest efforts to procure the domain http://www.myspace.co.uk/ from its present owners. Domain names are allocated on a first come, first served basis, but the registrar of domain names in the UK, Nominet, has the power to order that they be transferred to an organisation which can demonstrate it has rights in the domain name (such as a trademark) and that the registration of the domain name is "abusive." It was on this latter criterion that Myspace foundered; the appeal committee found that the domain name was registered prior to Myspace's existence, and that the owner's usage of the domain name had not changed such that it took advantage of Myspace's success and became abusive. Read the decision here.

The Nominet dispute resolution procedure is an innovative, mediation-led process, but operates on a quasi-legal basis similar to the regular courts. Attention to detail in pleadings and on documentation, realistic and commercial advice on prospects, and effective advocacy to Experts and Appeal Panels remains vital to success .Members of the Chambers Technology team are able to provide quality advice and representation at initial stages and throughout the DRS process.

Written by Joseph Neville, Pupil at New Walk Chambers, specialising in Technology & Construction Law.