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One more reason to avoid .pk domains

by KO on April 17th, 2008

A few days ago PKNIC, the registrar for .pk domains, terminated the domain name djuice.pk without informing it’s owner, and transferred it to Telenor, who has a trademark by the same name.

In another country they would have to contact you first, and would have probably bought it from you for millions. This is a reason I never buy any .pk domains (though I do own a few, but use them as a backup, not the primary). Registering a trademark does not give you ownership of the same name in other spaces!

There are many things wrong with PKNIC - it charges a lot more than other registrars, they never respond to emails, it’s hard to make payments, heck they lose checks mailed to them or take a month to process them - overall it’s all bad vibes, as this particular case confirms. The email is quoted below in full:

I own a blog Djuice.PK ( A youth entertainment and current affairs
blog) . I have been running this over the last one and half year and
was using this to post entertainment, mobile phone information and
current affairs information. Today all of sudden this was blocked by
the PKNIC.

I have contacted the PKNIC and came to know that my domain is being
transferred to telenor. I just wounder what is this all about?

Why not any prior notice served to me if there was any problem in my
domain held at PKNIC . Why all of sudden after one and half year PKNIC
realised that it should be transferred to telenor.

It is against the natural law of justice to make unilateral decisions.
I have two email addresses in PKNIC contacts database for this domain
and both are fully working and regularly checked by myself.

I have never received any e-mail stating that there is any dispute or
trade mark issue on my domain from the PKNIC

I have to admit my blog was very open on the current affairs issue in
Pakistan and there were blogs on Chief Justice issue other matters
against Musharraf regime.

I have temporarly moved my blog to http://djuice.pk.f4f.asia

If you don’t own it, a domain is not your property. A trademark owner does not automatically gain possession of all possible names in other spaces. An example: Internationally, in quite a few countries Google had to buy the domain gmail for many dollars after they launched the service, in yet others the owners refused to sell, and that was that.

A follow email from the actual domain owner:

My domain have been hacked / hijacked by the Telenor  Pakistan with
the help of PKNIC Pakistan as they have never made a dispute against
me over this. I have been running this blog very successfully from
last one and half year.

Well I know the PKNIC policies and other terms and conditions and I am
also aware of the International rules by the ICANN. In any case before
a domain transfer to the other party who claims that it may be their
trade mark or infringing their rights one have to file a dispute and
the PKNIC should have given me a chance to listen my version of
statement on this issue.

According to ICANN rules malafide intentions by the registrant should
be proofed based on three different point failure of any one of this
does not qualify the domain transfer to other party who make claims on
this.

These points by the ICANN are more or less as follows.

1. A Proof That Domain Was Registered in Bad Faith

2. A Proof That Domain is being Used by a Business Competitor

3. A Proof that Domain is not in Use and is Registered only for Re-
Selling

I have an in depth study of different Dispute Cases on Domains However
I am Confident That By Law It was not possible to get my domain. So
after one and half year  Telenor have bribed the PKNIC Staff and they
without listening my point of view blocked my blog.

This transfer is 100% illegal and immoral and call into question the
PKNIC quality of the service. I have shifted my blog to a new domain
http://www.DjuiceBlog.com

I am sure that Telnor can not bribe the .com registry this time.

Shame on Telenor and PKNIC for steeling my domain  with out any NOTICE
without any CASE and without any Chance to LISTEN about my rights on
this DOMAIN.

THIS IS AGAINST THE LAW TO MAKE UNILATERAL DECISIONS

From → Internet

38 Comments
  1. Thanks for this valuable post. I am the domain owner for DJUICE.PK and my domain is blocked by the PKNIC

  2. BoZz permalink

    About time you all realized this is the Islamic Republic of Janglee Pakistan

  3. I have sent this e-mail to PKNIC

    Dear Sir,

    I am the domain registrant (owner) of the Domain djuice.pk and now PKNIC
    have made my domain inactive without any notice or a Dispute Resolution.

    I have never been notified of any dispute on this domain either from PKNIC
    or your so called DNDRC . I strongly protest on this illegal action by the
    PKNIC and will go to the court of law if this domain transfer not stopped.

    Imtiaz
    CC. Ansiey Ali
    Legal Executive Telenor

  4. Imran

    please broadcast this issue - this may be the case we can take PKNIC into court and get a ruiling. I’m standing 100% with you - lets get on pkpolicy group on yahoo and we have all technology, legal & Govt. representation there.

  5. Please give me the pk policy link

  6. h4tEbr33d permalink

    lolz… pakistan rocks… the greatest country in the world… i mean we should all jump and die in puke ponds… pathetic to the extreme… primitive form of human beings with no rules or education.. hell with pakistan “pak logon kay rahnay ke jagha” lolz… nice meaning

  7. Shame on PKNIC

  8. Pakistani permalink

    Now .pk domain owners have also started receiving calls for cyber crime offense if they are registrant of a trade mark.

  9. Though I fully support Imtiaz and think PKNIC should have been a little more careful before silently re-assigning the domain but Ashar posted a report on the Telecom Grid Mailing List which showed the Domain Name Dispute report - which quite clearly showed the multiple trademarks registered by Telenor back in 2005 - see the DNDRC report here and the short summary below - Credit for the discovery ASHAR

    http://www.dndrc.org/cases_resolved/pdf/c2008_0004.pdf

    [--START QUOTE --]

    The Complainants are the owners and applicants of the following registered trade and pending marks in Pakistan:

    “Djuice”, Class 09, Application dated 13/06/2005, Application No. 210360
    “Djuice”, Class 16, Application dated 13/06/2005, Application No. 210359
    “Djuice”, Class 42, Application dated 13/06/2005 Application No. 210365
    “Djuice”, Class 38, Application dated 13/06/2005 Application No. 210369
    “Djuice”, Class 42, Application dated 13/06/2005, Application No. 210370
    “Djuice”, Class 38, Application dated 13/06/2005, Application No. 210362
    “Djuice”, Class 16, Application dated 13/06/2005, Application No. 210368
    “Djuice”, Class 09, Application dated 13/06/2005, Application No. 210353
    “Djuice”, Class 16, Application dated 13/06/2005, Application No. 210354
    “Djuice”, Class 42, Application dated 13/06/2005, Application No. 210355
    “Djuice”, Class 09, Application dated 13/06/2005, Application No. 210366
    “Djuice”, Class 38, Application dated 14/03/2006, Application No. 210363
    (Collectively referred to as the “Registered Trade Marks”).

    If you want to make sure no one messes with you, you need to cover your backside….

    Telenor have registered themselves in 4 classes, CLASS 9 (Electrical and scientific apparatus) , CLASS 16 (Paper goods and printed matter), CLASS 38 (Telecommunications), CLASS 42 (Computer and scientific)

    [-- END --]

  10. Pakistani permalink

    Forwarded Message

    Dear

    Aslam-o-Elikum,

    Yesterday I have received some serious threats via telephonic calls
    from the DNDRC regarding my complaint on the domain djuice.pk, They
    have pressurized me to withdraw my complaint. As a matter of fact I
    had already proved them that I have never been contacted by them on
    this domain dispute.

    Well I have no spare time to indulged any further debate on this issue
    so i was forced to withdraw my complaint.

    May Allah Help My Pakistan from these Brutal Forces

    Regards
    Imtiaz

  11. Really Shame on PKNIC
    now all .pk domain owner in risk
    i will also publish this issue on all my sites and blogs

  12. PKNIC is a STUPID organization and DNDRC is their PET, WE should avoid these .pk domain by PKNIC and should prefer .ASIA

  13. Really Shame on PKNIC
    now all .pk domain owner in risk

  14. Dear Respected Members,

    I have few questions for which I am looking for answers.

    1. What is actually DNDRC (Domain Dispute Resolution Center) ? Is this
    a reality or just a myth

    2. Is this an Organization (non-profit base) or a private company?

    3. What is the actual composition of the DNDRC? i.e is there any
    supervisory from the Govt. of Pakistan?

    4. Is this an ICANN or IANA approved body?

    5. Here is a list of Approved Providers for Uniform Domain-Name
    Dispute-Resolution Policy
    http://www.icann.org/dndr/udrp/approved-providers.htm, I wounder why
    this so called Domain Dispute Resolution Center is not there in this
    list.

    I am very surprised to know that PKNIC is being control by Mr. Ashar
    Nisar and DNDRC by Mr. Jamil & Co?

    This all seems to be one man show in both organizations/companies.
    Please correct me if I am wrong

    With Regards
    Imtiaz

  15. Inexperienced permalink

    Yar iss say bari baqwas kya hogi kay owner .pk registry jo kay asal mein malkyat hai Peoples of Pakistan, aik American run kar rha hai, ur us ko poochany wala hee koi nahi hai, aap logon ko koi maloomat hain kay Malaysia mein Asia Pacific jis mein Pakistan aata hai Top Level Domains Registrar ki Meeting ho rahi hai ur Pakistan ki taraf say koi Participation nahi hai, is @@@@@@@ Ashar nay aklay hee sara paisa kha jana hai ur Pakistan ko badnam kar rha hai ur kartay jana hai q kay hum sab loog soo chukay hai jis tarha hamary mulk ko yeh politician loot rhain hain 200$ gandam sell karkay 500$ buy kar rhai hain yeh Ashar sahib bhi aisa hee kartay raheen gay jab tak ham loogon mein gairat nahi aai gai. hum sub murda zameer kay malik hain

    Iam sorry to say including my self

  16. RAZA permalink

    Sorry to state that I am Planning to never have .PK ( PEE PILA Kay ) Extention !

  17. hasan permalink

    telenor ka hein haath hoga is kae peechae
    telenor fitay muhhh.

  18. The Trademark Owner have the right to take the name for which he have his trademark register for.

    I remember the Famous Case From Apple that get his ownership of the domain apple.com from a person as he was using their trademark.

    also the x-owner of this domain “djuice.pk” y register this domain. def for selling this domain @ good amount of $$. There is no other sense to register a domain name that is a trademark.

    So only can say that be cool ok

  19. Man write to PTA and Competition Commission of Pakistan the latter will help you as they are very much active now a days.

  20. Pakistani permalink

    If just a domain name similarty is a issue than PKNIC’s Hand Picked DNDRC itself is a cyber squatter

    Please look at this

    http://www.pakpoint.com/2008/06/04/cybersquatting-in-pakistan/

    DNDRC byitself have a mimicking name to the ICANN’s approved body ADNDRC.org

  21. Junaid permalink

    teethmaestro: if owner of the domain has registered it before actually registration of trademark he has the strong case.
    furthermore i think still he has a strong case because telenor didnt register the domain and also if he can comeup with something webrelated with the name. i remember there was a case in US years back when other party (domain registrar won it) .

  22. This is the only country, where you can receive a threatening call from an organization that is supposed to be safe guarding your rights lol.. I am quite taken back by this and occurrences like these will definitely demotivate people to go for .pk domains, it’s already a hassle and now its almost like a waste.. If this guy registered this domain then its the .pk people’s fault. If they had so many issues on it they shouldn’t have let him register it, but they did, so its his real estate now. You shouldn’t have backed off.

  23. water permalink

    hey!
    I’m little late here. Dear what are you doing….. go to court and fu*k them badly…do some press conferences as well… what the hell they are talking about trademark… pakistan.com is registered by us citizen.

  24. It is really horrible story. The reason is technical our administrator and other staff don’t care about their responsbilities. Persons at .pk must inform you about this, But do you have updated email address in you domain whois area?.

    But still they have your complete information so that is their social responsbility to let you know and give you chance to present clearification and opinions.

    Branding is a new field, so some companies who brand managers who have low work pressure so they just play with names and look for these little things. What would be benifit to telenor for djuice.pk? I think it will remain as empty space, which you have decorated very well.

    But .pk is sure a domain which could be transfered back to brand owner, so it is their prime policy worldwide.

  25. Munim Siddiqui permalink

    Imtiaz,

    Why dont u file a law suit against Telenor, Y u r still quite on the issue. Use your rights bhai…

    Go for it… Simply writing on blogs wont help it.

    Go for it man

    Good Luck

  26. @Munim
    i agree with you.
    but i think filing a suit for such case will be just a waste of time (in pakistan).

  27. My fellow on Facebook shared this link and I’m not dissapointed that I came here.

  28. You should have filed a law suite against telenor. Justice Iftikhar is back after all ;)

  29. GuRu permalink

    Best response quoted in this thread is from mr Teeth Maestro, i will have to agree with bits of what Athar has said as well. Some of you have made valid points regarding the wrecking condition of Pknic registry, however, most of you are sounding irrational.

    When you are registering a domain name its your moral duty to have a look into trademarks database and make sure you are not violating or infringing any trademark. In telenors case they had registered several trademarks in 2005 which automatically means they had rights on term DJUICE and since djuice is not a generic keyword the registration of djuice.pk on a later date by some one beside the telenor it self sounds fishy and it seems some one is trying to cash out on telenor. Even though if telenor thinks their rights have been infringed they should have gone through a proper channel, their should have been prior email notices by telenor and registry itself and should have allowed the owner of domain to fight his case and prove the fair use of domain.

    Djuice is not a generic keyword like “jobs” or “games” so even if some one has trademark on such names you can still register and use such names without any fear of getting your name possessed or you being sued.

    I am saddened by the fact that most of worthy .pk domain names were squatted by foreigners and few pakistani companies who are now selling them for ridiculous prices, they have registered in hundreds and now either parked or just idling in their accounts which is damaging the .pk cctld, i encourage .pk owners to come forward and build their domains and increase their presence on internet. I would also like to recommend Pknic to come up with better website with fully loaded features and promote the extension.

  30. Nasir permalink

    cantact consumer court and you will win there

  31. Nawaz permalink

    Salam All.

    I am not surprised that Pakistani ‘officials’behave this way. They are the scum of the Earth.

    Do they not realise that they are limiting the progress of Pakistan.

    These people should be tried for treason.

    I myself have several domain names (even a .ASIA), one of which I use as a blog. Some are registered using US companies, and the others are registered using an Indian company.

    I had at some point in the near future intended to setup a Software House in Pakistan - one of the projects would have been to utilise my .ASIA domain. But now I am not so sure.

    The domain that I have actually set-up is being hosted in India - used to be in Malaysia (although I haven’t yet developed this as much as I would like to - too many other commitments). Something for you guys to think about.

    Nawaz. Angry Man Of Pakistani Origin.

  32. Dodgy practises using homoglyths are going to increase that’s for sure. How can ICANN police that?

  33. Well Fcuk with Just. Iftikhar and pakistani policy makers

    Dear Imtiaz you have two options take the red pill or the blue pill…

    But being in Pakistan both of these pills will kill you ;)

    so get yourself immigration and move out asap.

  34. saeedusa permalink

    why do u want to use djuice word while it’s trademark of telenor.they can take it by force too.

  35. saeedusa permalink

    i had aolpakistan.com at one point and aol sued me and i had to give it back to them but they still contacted me through attoreny and i had to sign a domain transfer to their registrar.

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