.al cctld Albania Domain Dispute Issues

[-AR-]

Hi,

I wonder if you can guys can help with some advice. I registered a number of .al domains over the years and one of them turned out to be popular because it is the same name as a newspaper in Albania. The domain is very generic in the albanian language. So I was contacted by the a representative of the newspaper (they own the .com) and asked for the price, they offered 15usd for the domain and I refused and gave them my expected price. This was on Tuesday this week. By Friday AKEP (Albanian's domain governing body) had prepared a case and decided against me making a number of mistakes and false statements on their decision making document. The newspaper that wants the domain is owned by an ex Albanian Member of Parliament with a lot of influence in the country.

The registrar simply sent me a message stating that AKEP have decided to take away the domain from your ownership. Their reason was that the newspaper was established as a Limited company since 1990s and had trademark since 2016. They have not contacted me nor asked for anything from me. My argument is the following:

1. How can a decision be made within 2-3 working days?
2. Why was I not even made aware and not asked for any input?
3. Why was the registrar not made aware?
4. I never contacted the newspaper about the domain, they contacted me and made an offer and I made a counter offer.
5. The domain is generic, two albanian words
6. The newspapers trademark is from 2016 yet the domain was registered in 2013
7. One of the statements on the decision was that the domain was offered at "auction" which is not true. The domain was parked at bodis.com with an inquiry sales form.

So my question is, how can this case be approached? Any advice at all as this is not a .com domain...?

 

[jberryhill]

Besides finding some awkward videos, why such a patronizing tone about Albania?

Because they apparently run their registry on an arbitrary basis, like some other squirrelly ccTLDs.

2. The domain was parked and was for sale that should not be considered such a major issue.

...but still no link to the actual registry agreement.

 

[Vimal Kumar]

I am an Albanian citizen......

Yes...and you also do not seem to violate Albanian registered business issue

Find this text in the formal documentation and quote this to them in your response

 

[-AR-]

How much is this domain worth? I doubt that it would make sense to start any legal activities to save this domain, imo.

Yes you a probably right but what happens if they decide to this with every other domain and whenever they like?

 

[-AR-]

Because they apparently run their registry on an arbitrary basis, like some other squirrelly ccTLDs.



...but still no link to the actual registry agreement.

You can find the their dispute resolution policy in English here which is fair if they followed their own rules that is.

 

[jberryhill]

Yes you a probably right but what happens if they decide to this with every other domain and whenever they like?

Some ccTLDs do just that. Albania appears to be one of them. It's much the same situation with .in domains, and the joke of a dispute policy which are applied to them as well.

The things that can go on under ICANN rules are bad enough, but the ccTLDs are free to do whatever suits them.

 

[-AR-]

Some ccTLDs do just that. Albania appears to be one of them. It's much the same situation with .in domains, and the joke of a dispute policy which are applied to them as well.

The things that can go on under ICANN rules are bad enough, but the ccTLDs are free to do whatever suits them.

They have never done this before, this is the only case and the first case. I mean yes it might happen again but never before which is pretty good considering that people have been buying and trading .al domains since 2008.

 

[eurorealtor]

A few years ago I have registered CzechRepublic .ccTLD a pure geo domain, and the registrar has removed the domain from my account because of a TM.

 

[-AR-]

Per Wikipedia:



I bet in some of those indexes they rank better than the US...

No need to bash a country because of a single company/entity.

And in this case, not sure they are even wrong. Apparently, the name is not so random and has been used by a newspaper for years. No one just randomly does word+word.cctld brandables, when there are so many premium word.cctld still available there.

Not saying they are wrong at all, but they have not followed the right process. Simply removed the domain from my account without even asking for my input. Not sure that is considered right when they have a set out procedure they have to follow themselves and they do not. Let's just hope it doesn't happen to you.

 

[Recons.Com]

Not saying they are wrong at all, but they have not followed the right process. Simply removed the domain from my account without even asking for my input. Not sure that is considered right when they have a set out procedure they have to follow themselves and they do not. Let's just hope it doesn't happen to you.

Sorry, did not mean to offend you and I do agree that they need a procedure, regardless of what they might believe is a black-and-white situation.

Regardless, AKEP is not the whole of Albania. Have you tried calling them or contacting in any other way?

 

[-AR-]

Sorry, did not mean to offend you and I do agree that they need a procedure, regardless of what they might believe is a black-and-white situation.

Regardless, AKEP is not the whole of Albania. Have you tried calling them or contacting in any other way?

I agree with you, the domain name itself as far as value is concerned is not the issue. If the correct process is followed then go ahead take it but follow the process that is set out don't just steal and abuse power.

Actually AKEP has been behaving fine until now, I do not understand what their current motive is which is why I am in the process of considering legal action otherwise I cannot see this stopping if they get away with it. This isn't really just my issue as much as it is the issue of all .al holders and registrars. I tried calling them today, I kept getting transferred to nowhere for a good 30min and loads of excuses were being used. In the end I spoke to no one and just spent a load of money on my phone bill.

 

[indam]

I agree with you, the domain name itself as far as value is concerned is not the issue. If the correct process is followed then go ahead take it but follow the process that is set out don't just steal and abuse power.

Actually AKEP has been behaving fine until now, I do not understand what their current motive is which is why I am in the process of considering legal action otherwise I cannot see this stopping if they get away with it. This isn't really just my issue as much as it is the issue of all .al holders and registrars. I tried calling them today, I kept getting transferred to nowhere for a good 30min and loads of excuses were being used. In the end I spoke to no one and just spent a load of money on my phone bill.

New director under new government. The director is coming from the Socialist Party and he might have a different view on how justice and free trade works.

If you think AKEP is behaving unfairly or outside established procedures, maybe you need to take your case one step higher - to the relevant ministry. It looks like the case has already been decided. Had they thought your input could change the outcome, they would have sought it.

The .al registry is controlled directly from the Parliament if I am not mistaken.