The domain name dispute resolution system was supposed to be user-friendly, but this goal has not always been achieved. One of the main barriers to effective access has been the jargon that has grown up around the system. To successfully negotiate the system you must need to know the differences between registrants, registrars and registries; you must not confuse your UDRP with your ACPA; and you'll need to be able to choose between NAF and WIPO should it become necessary. Abusive registration: This is a key concept under the Nominet Dispute Resolution Policy; there is no concept of an abusive registration under the UDRP (although see the entry on bad faith). An abusive registration is one which was registered or acquired or has subsequently been used "in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights". ACPA: See the entry on the Anti-Cybersquatting Protection Act. ADR: ADR stands for alternative dispute resolution. In the domain name dispute context, arbitration proceedings are sometimes called ADR proceedings, especially in EURid documentation. Alternative dispute resolution: See the entry on ADR. Anti-Cybersquatting Protection Act: A US law enacted on 29 November 1999. It amended the Lanham Act - the centrepiece of US trade mark legislation - and forms section 43d. The ACPA may - in certain circumstances - be applied to your case by the US courts, even if you're not a citizen of or based in the US. Arbitration: Domain name arbitration is the contractually-based system of dispute resolution used to determine disputes about the proper ownership of domain names. It is distinct from traditional arbitration: a sophisticated system of private dispute resolution proceedings commonly used to determine international contractual disputes. Bad faith: Under the UDRP a successful complainant must prove that the domain name was registered or is being used in bad faith. The concept of bad faith is not defined in the UDRP; however four examples of circumstances which are evidence of bad faith are given, and I have (crudely) summarised these below. First, circumstances indicating that the respondent intended to sell the domain name to the complainant are evidence of bad faith. Second, so-called "blocking" registrations are evident of bad faith, providing they are part of a pattern of such registrations. Third, evidence of bad faith may be found in registrations intended to disrupt a competitor's business. Finally, circumstances indicating the commercial use of a domain name which creates a likelihood of confusion between the domain name and the complainant's mark are evidence of bad faith. The list is non-exhaustive. Cancellation: One of the remedies permitted under the UDRP, Nominet Policy, and the .eu Regulation, but rarely employed. The usual remedy is transfer. Cancellation is also known as revocation. ccTLD: This stands for country code top level domain. Examples of ccTLDs include .us, .uk and .de. Complainant: The person making a complaint via a domain name arbitration service about a domain name registration (analogous to a plaintiff or claimant in litigation). Complaint: The document setting out the complainant's case. There are detailed rules about what must go into a complaint, and the length of complaints is strictly limited under some regimes. Typically, a complaint would include references to the provisions of the relevant policy document, a description of the factual circumstances of the case, arguments as to why the case should be found in the complaint's favour, and references to previous decisions which support the arguments. Cybersquatting: The practice of improperly registering or acquiring domain names in which others have rights. Decision: The domain name dispute equivalent of a court judgment. There is no formal system of precedent in domain name arbitration. However, the arbitration bodies are loath to allow a diversity of interpretations of their rules, and in practice panelists will not usually depart from well-reasoned earlier decisions (or at least that they know about). Domain name holder: Another name for a registrant. EURid: The body administering the .eu domain name. The EURid dispute resolution service is provided by the Prague-based Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic. Expert: The Nominet term for panelists - the "judges" of the domain name dispute resolution system. Most experts are practising intellectual property lawyers. Federal Trademark Dilution Act: US legislation providing a powerful remedy for the owners of famous trade marks. The FTDA was enacted in 1996. It was the first statutory amendment of the US Lanham Act to address the challenges presented by the internet. Its main effect was to expand the protection available to famous marks by prohibiting dilution. FTDA: See the entry on the Federal Trademark Dilution Act. gTLD: This stands for generic top level domain. Examples of gTLDs include .com, .net and .org. Compare ccTLDs. ICANN: The Internet Corporation for Assigned Names and Numbers (ICANN) administers the domain name system. It has promulgated no less than 10 different policies relating to dispute resolution. The most important policy is the Uniform Domain Name Dispute Resolution Policy (the UDRP). The UDRP must be read in conjunction with the Rules for Uniform Domain Name Dispute Resolution Policy (the Rules). ICANN's other dispute resolution policies relate, for instance, to specific kinds of domain name with particular registration requirements (e.g. .pro or .biz), the .info sunrise period, and disputes with registrars over domain name transfers. IDNs: See the entry on Internationalised Domain Names. Internationalised Domain Names: A domain name potentially containing non-ASCII characters, for example a domain name consisting of Arabic or Hebrew characters. Legitimate Interests: To help defeat a complaint made under the URDP, a Respondent should argue that he or she has legitimate interests in the domain name in dispute. A non-exhaustive list of ways of demonstrating a legitimate interest is set out in the UDRP. First, pre-dispute use of (or preparations for the use of) the domain name or a name corresponding to the domain name "in connection with a bona fide offering of goods or services" may constitute a legitimate interest. Second, you or your business being commonly known by the domain name may constitute a legitimate interest. Third, a legitimate non-commercial or fair use of the domain name may constitute a legitimate interest, providing that use does not misleadingly divert consumers of the complainant or tarnish the trade mark at issue. NAF: The National Arbitration Forum is a major forum for the resolution of domain name disputes. NAF focuses upon North American domain name disputes. Arbitration proceedings using NAF are governed by the UDRP, the Rules and NAF's Supplemental Rules. NAF also provides non-UDRP dispute resolution services, for example for disputes about .us and .kids.us domain names. Mediation: Mediation is a form of alternative dispute resolution where the parties to a dispute try to agree a settlement to the dispute with the help of a professional facilitator. The Nominet Dispute Resolutions Service provides a free mediation service. Mutual jurisdiction: This concept is used in the UDRP and other policies to refer to the jurisdictions in which formal court proceedings should be conducted in the event that domain name arbitration proceedings do not produce a satisfactory outcome. Under the UDRP it means either the courts of the country in which the relevant registrar is based or the courts in the country which the registrant claims to be based in its WHOIS entry. Nominet: The Nominet dispute resolution service deals with disputes involving .uk domain names (including .net.uk, .ltd.uk, .plc.uk, .co.uk, .org.uk and .me.uk). Nominet does not use the UDRP; instead, disputes are determined under Nominet's own Policy and Procedure. Panel: One or three panelists usually constitute the panel. Panelists: The judges of the domain name dispute resolution system. Many are practising intellectual property lawyers; many NAF panelists are retired US judges. Party: Legalese meaning a person who is involved in legal proceedings as a litigant. In the context of domain name arbitration proceedings, that means involvement as either a complainant or a respondent. Passing off: The English-law tort of passing off has been inherited many other common law jurisdictions. It is sometimes referred to (with some carelessness) as "unregistered trade mark infringement". The registration and use of a domain name can constitute passing off. Policy: The UDRP and the Nominet Policy are the most important documents in UDRP and Nominet arbitrations respectively. The equivalent rules in .eu arbitrations are contained in the Regulation. Procedure: The Nominet Procedure contains the detailed rules governing the conduct of Nominet domain name arbitrations - for example, time limits for action. Provider: The company or organisation that administers a domain name dispute resolution service. Some systems of domain name dispute resolution, such as the UDRP system, have more than one provider; others, such as the .eu system, have only one provider. Registrar: A company or organisation that is accredited by a registry to register domain names. Registrant: The person that "owns" (i.e. has the contractual right to use) the domain name. The registrant of a domain name can be found using a WHOIS service. Registration agreement: The agreement entered into between a registrar and a registrant upon the registration or acquisition of a domain name. The registration agreement stipulates the manner of dispute resolution, and therefore underpins the whole domain name dispute resolution system. Registration authority: See Registry. Registry: The organisation administering the domain name extension in question. For example, Nominet it the .uk registry and EURid is the .eu registry. Sometimes called the registration authority. Regulation: In the context of .eu domains, this means Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu top level domain and the principles governing registration. Reply: The document in Nominet proceedings containing the complainant's arguments in response to the respondent's arguments in the response. It should not in general contain new arguments unrelated to points raised in the response. There is no equivalent in the UDRP or .eu procedures. Response: The document containing the respondent's arguments in response to the complaint. Respondent: A person responding to a formal complaint about his or her domain name registration (analogous to a defendant in legal proceedings). Reverse domain name hijacking: The improper use of domain name arbitration proceedings to dispossess a registrant of his or her domain name. Revocation: See cancellation. Rights: In Nominet proceedings, a complainant must show that he or she has rights in respect of a name or mark which is identical or similar to the domain name at issue. The Nominet Policy provides that rights "includes, but is not limited to, rights enforceable under English law. However, a complainant will be unable to rely on rights in a name or term which is wholly descriptive of the complainant's business". The most important rights are registered trade marks and, in English law, the right to bring proceedings for the tort of passing off. Rules: The Rules for UDRP supplement the UDRP itself. The Czech Arbitration Court also has a set of rules for .eu disputes. Supplemental Rules: Under the UDRP, both NAF and the WIPO Mediation and Arbitration Center issue their own supplemental rules, which supplement the UDRP and the Rules for UDRP, and include for example provisions about the costs of arbitration. The Czech Arbitration Court also has a set of supplemental rules for .eu disputes. Trade Marks Act 1994: The centrepiece of the UK trade mark law regime, the 1994 Act has been frequently amended, usually to reflect developments in European law. Transfer: The most important remedy in domain name arbitration proceedings. If the panel determines that a complaint has been made out, the domain name will usually be transferred from the respondent to the complainant. Typosquatting: The practice of improperly registering domain names which are very similar to names in which others have rights. A form of cybersquatting. UDRP: The Uniform Domain Name Dispute Resolution Policy promulgated by ICANN governing most disputes about generic top level domains, and many disputes about country code top level domains. The UDRP must be read in conjunction with the Rules for Uniform Domain Name Dispute Resolution Policy. WHOIS: Directory service for looking up names and other details of domain name registrants. WIPO: The World Intellectual Property Organization (WIPO) is an agency of the United Nations. WIPO's Arbitration and Mediation Center was the first dispute resolution service accredited by ICANN. Arbitration proceedings using WIPO are governed by the UDRP, the Rules and WIPO's Supplemental Rules. It is - along with NAF - one of the "big two" providers of dispute resolution services under the UDRP. This glossary is intended to help you get to grips with the jargon; if you need more information, please visit the Internet Library of Cybersquatting and Domain Name Disputes at [http://www.sequitur-ips.com/domain-name-disputes/library.html]. Hagit Ben-Artzi runs Sequitur IPS, which specialises in representing individuals and companies in domain name disputes and domain name arbitration proceedings.
loading...
7 Tips on Choosing the Right Type of Business Suitable for Beginners
What business? This question may often arise in your mind when you feel confused in choosing the type of business you want to build.
Though you already have some money that will be used as business capital. Want this business to feel inadequate, want that business to fear failure to start the business. Especially if you have a mediocre capital. Being entangled in confusion like this finally makes you fail to open a business.
So how do you determine the right business for beginners when they want to start a business from scratch?
Actually it is not difficult to choose what kind of business is good and right for a beginner. It's just that you don't know how and where to start.
This article might help with the confusion you are experiencing. You do not need a lot of daydreaming and thinking too far because sometimes something that is in front of the eye even escapes the view. Though it could be it could be a business that can make you a successful person in the future.
Here are 7 surefire tips to determine / choose the type of business that is suitable for those of you who are still beginners in business.
1. Choose a Business that Appropriate with Your Interests and Skills
How to find a business that is suitable for beginners is to recognize yourself first. Try to remember what your interests have been.
For example if you do not understand the problem of fashion but you force yourself to open a clothing store because you feel that selling clothes would sell well and fortunately big. A month or two may run normally. But if you can not keep up with the trends, your business might not last long because you do not understand the world of fashion.
It's different if you like making various kinds of cakes so you intend to open a cake shop. So running a home-based cake business will suit your hobby that likes to make cakes. In addition, the business will feel comfortable running because it is in harmony with your hobby.
Another thing to consider in finding a business that is suitable for you is to choose a business that is in accordance with your expertise. Indeed, the expertise you have may not necessarily be your hobby.
But at least you will not be inconvenienced in starting a business because you are already an expert in that field. So you don't need long time to develop your business.
2. Making a Business Line List
After you find a business that suits your interests and expertise. Do not be in a hurry to open the business immediately. It is better to make a list of the business fields that you have chosen first. You can record it in a book about various businesses that suit your interests and hobbies.
Think about what is good business right now so that you will find it easier to develop. As much as possible write as much as possible in the list of business fields so you have many alternatives as options. That way, you can analyze and find out what types of businesses have not been established by others.
If there are indeed many competitors for the type of business that you are interested in, then you must have new innovations to be able to compete or you are looking for alternatives to other types of businesses that are still lacking competitors but have a high level of interest.
In addition, in choosing the type of business. Think about where you will open your business. Do you want to choose the type of home-based business or open a roadside kiosk. Adjust also the capital budget that you have so that you are not stuck in managing your business finances.
3. Study the Business Field You Choose
At this point, you should have confirmed the type of business you want to open. Even if you feel you have an interest and expertise in this line of business, this does not mean that you will be successful in building the business.
Therefore, immediately learn the field of business that you have chosen. Especially for businesses in services such as beauty salons or home sewing services. Understand really what are the advantages and disadvantages of your business.
For example you want to open a catfish pecel business, but to get a decent catfish for sale is quite difficult because you have to buy outside the city. That's all, sometimes there are sometimes not.
This of course can hamper your business because of a lack of key raw materials. You should be able to sell 100 portions of catfish pecel per day, in fact, you can only get half of it because there is no raw material. Certainly very detrimental to the continuity of your business.
Also read: 8 new product marketing strategies for the most effective small businesses
4. Adjust the Capital You Have
In setting up a business, you should really pay attention to matters of capital. Don't force yourself to open a business that you want, if you don't have enough capital. Because you might be running a business that has only been running for several months, you have run out of capital.
For example, you want to open a photocopying business and be equipped with all stationery equipment. This business will certainly be more appropriate if it is opened near offices and educational institutions. This makes you have to rent a shop / kiosk whose rental prices are not cheap.
While your capital is only enough to buy materials for your business. In the end you are confused and hesitant to start a photocopy business of your dreams.
Therefore, when you choose any type of business, adjust to the capital you have. If your capital is small, temporarily look for businesses with small capital which certainly will not burden your finances.
After all, if you want to work hard and smart in managing it, any business you run will definitely benefit you.
Recommended Article:
9 capital business ideas of 2 million that have proven profitable
5. Note the Location of the Business Place
choose the type of business strategic location
In addition to dealing with capital, the type of business you want to establish must also be adjusted to your location of residence. Consider the level of competition for similar businesses, market share and business development opportunities that you will run for the next few years. If you feel you lack bright prospects, you should undo these intentions.
For example, you want to open a fried business in the area where you live. But in reality in the area tel be fun.
there are already many who sell famous fried foods and have regular customers.
If you feel you can compete because you offer something new, for example, the fried foods that you present are unique. Then please open your business. But if you are pessimistic, you should look for another location for your place of business that has not been much competitive.
Recommended Article:
how to start a unique fried business with millions of turnover
6. Also Pay Attention to Consumer Interests and Needs
The important thing that you must consider in determining the type of business is market share. This point is actually closely related to location selection. You should also pay attention to the demands and needs of consumers when they want to set up a business
For example if you live in a village that is rarely passing vehicles and you are trying to open a café or restaurant that provides a variety of modern foods such as burgers, steaks, hot dogs etc. Surely the business will be devoid of interest and may not sell.
However, if you live in the city, opening a cafe will certainly be more likely to succeed. Another example of a business that is very concerned about the needs of consumers is a kilo laundry business where many people really need it.
Therefore, you should be able to apply a SWOT analysis to find out the strengths, weaknesses, opportunities and threats to the business that you are going to build.
If you don't know about SWOT analysis, please read about SWOT analysis, understanding, benefits and examples
7. Immediate Action
After you read the points above, you should be able to determine or choose the type of business you want to build. Instead of you just daydreaming, you should start from now.
Either the business you are building is only a small business or even a large one will be useless if you do not start it right now. One of the capital that you hold instead runs out first to meet your needs.
It's not easy to start a business when you have no experience at all. In the end you are confused about what business you want. Try to apply tips on choosing the type of business above so that your desire to immediately have a business can be achieved.
