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Atricle Dump - Glossary of Domain Name Disputes
If you are trying to implement a business process management strategy, then you might have found that there can be difficulties involved. Getting the balance right between effective business management of people and using business process management software can be hard. If you don’t get the balance right, then your daily business activities will remain inefficient and prevent your business from prospering. However, there are ways to get round these business process management difficulties. If you are looking to improve the efficiency and productivity of your business and its daily processes, then here is some advice about the difficulties of implementing business process management.Hard to identify processesIdentifying business processes and separating the exact processes in your daily business operations can be really tough. Some processes will not be ideal for business process management implementation, whilst others will certainly need some form of business process management to run smoothly. In general, processes that need the involvement of many people in a sequential order are the best candidates. If these processes involve approvals or paperwork movement, then business process management should help improve their efficiency. In particular, using automated business process management software can be a real help, and will dramatically improve daily efficiency.Getting top-down approvalAlthough your department might know ways of improving business management, without top-down approval and overall cooperation, the plans are likely to fall through. Any good business management implementation requires a great deal of cooperation at all levels of the business. The higher executives need to have faith in the proposed implementations, and pass on thi
Recently I read of a new website where teachers can post and sell their lesson plans to recover the time that they had spent in developing these plans. On the surface, this sounds reasonable and why would anyone object to teachers making a little more money through such a capitalist venture and leveraging their intellectual capitol?However this question is much more about understanding the importance of retaining intellectual capital (knowledge management) within the educational system and how this demonstrates questionable ethics on part of the teachers.Consider the following scenario:I am an instructional designer (person who writes training programs) and employed full time. Part of my job is to create activities that promote learning for the target audience. Do I have a right to sell those activities on my own time on a website? Even though I am not a lawyer, I know that this would be highly unethical and probably illegal. These activities are the direct result of my job description. My employer has already paid me for their creation.Now, I am a teacher who is paid to educate young people. Also, I am paid to attend numerous professional development days in which I learn to create specific lesson plans that promote learning for my students. Do I have a right to sell those activities on my own time on a website? From a legal standpoint, I don't know the answer to that question. However, from an ethical standpoint, absolutely not! What is happening is that I am being paid twice to perform the same work. Some individuals call this double dipping and in many proven cases it is illegal.As a former public school teacher, elected school board trustee and now a performance improvement consultant, I have seen hundreds of thousands of
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
In the world of fundraising and the world of consultants it is inevitability that the two would come together and form the niche market of fundraising consultant. Fundraising consultants offer guidance and direction to companies, non-profits and civic organizations that want help with there fundraising.If you want to hire a fundraising consultant there are definite things to look at and consider before you hire. The first is experience.How much experience does your fundraising consultant have? Are they fresh out of school and still trying to gain experience or have they been doing this for years. They may have direct hands on experience from running many fundraising campaigns or they may have gained experience with volunteer work. Either way make sure that your fundraising consultant knows what he or she is doing.Next ask if your fundraising consultant is certified. Certification is not required in all states but is offered nationally as well as some locally. The National Security of Fund Raising Executives offers certification for those consultants who are interested. Be sure to know the rules for your state so that you are assured your fundraising consultant is well trained and ready to work.Ask questions. Your fundraising consultant should be able to ask the following questions. What will you do if the money comes in too slow? How do we get people to donate and why is it so hard to get them to donate? And finally, why do we the civic group have to do all the solicitation calls? The answers to these questions will help you to determine if your fundraising consultant is on the ball or just starting out.Then finally make sure your fundraising consultant is well organized and well connected. You do not want to hire a fundraising c
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 complainan
PROBLEM #5: Your item is off-season.Christmas items don't sell in July (except to bargain sharks).PROBLEM #4: You've got a lousy title.You have to fill your title with good descriptive keywords. HINT: "WOW" and "LOOK" aren't good keywords! For tips straight from eBay about writing a good title visit:http://pages.ebay.com/help/index_popup.html?sell=title.htmlYou can't use keywords that intentionally mislead or oversell your item in an attempt to get attention to your auctions. Check the link above for eBay's guidelines.If you want to fill your title with keywords that represent the most searched for keywords on eBay check out:www.AuctionKeyword.comPROBLEM #3: You might have unclear shipping policies.Put yourself in the bidder’s shoes. They want to KNOW when and how their purchase will arrive. You are also competing with other sources for your customers purchase. You want to be the "path of least resistance". Make everything easy for your customer. Make sure the customer understands as clearly as possible what the final TOTAL cost will be in addition to the bid they place. Whenever possible offer your customers FREE shipping. You'll see that bidding often goes higher and more than covers your shipping costs when you offer free shipping.PROBLEM #2: You have unclear or limited payment options.Offer your customers as wide a range of payment options as you can. Paypal is established as a very popular payment method that allows the sending of money via email. You will lose bidders if you don't take Paypal payments. When using Paypal the sender is never charged to send money, but the receiver of the emailed funds pays a fee. I personally have over 1,000 confirmed transactions wi
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 complainan
There is no more solid a foundation for your career in the world of nursing professionals than getting the best nursing education you possibly can. Whether your plans are to enter into a serious nursing career in a health institution, or to explore other fields such as mentoring undergraduates and fellow nursing experts, getting a quality nursing education will prove to be the single most valuable tool in helping you to reach your career goals.Formal Advanced and Continuing EducationMany institutions of higher learning include with their course offerings programs for aspiring nurses. For those who wish to enter into this wonderful field of health science, the opportunity to do so can be easily found. When considering nursing as a career, keep in mind the fact that nursing is becoming highly specialized. This offers the added advantage of allowing nursing students to not only learn nursing in a general sense, but to also have an opportunity to specialize in an area of nursing where they have the greatest interest.From the baccalaureate programs, nursing studies have spawned to include Masteral and Doctoral programs, as well as other special courses for nursing aides and private and public caregivers (detailed below).Doctoral ProgramsMasteral ProgramsNursing Education OnlineSpecialized Schools of NursingIn addition, and as a result of nursings in-demand status, the education offered to individuals interested in nursing courses has been taken to the busiest place ever: the Internet.Online nursing education programs are given by accredited online and standard tertiary institutions. Due to the impersonal approach of internet teaching programs, specialized prerequisite requirements are needed to help determine stud
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 complainan
What are Electronic Checks?Electronic checks or echecks include the following applications: • WEB (Internet based) • ARC (mailed payment check conversion) • POP (check conversion-POS) • RCK (NSF check recovery) • TEL (telephone) • PPD (consumer pre auth recurring one-time debit) These applications are called eChecks because the merchant or biller uses a check as a source document for the consumer’s account information (RCK, POP, ARC) or the consumer is prompted to use their check as a reference to provide their account information (WEB, TEL). eChecks are used by merchants and billers as optional payment methods that are faster, more convenient and more secure than traditional check processing, which benefits both the company and the consumer.Echeck Merchant AccountsEchecks merchant accounts can be established for standard ecommerce merchants and high risk merchants. The echeck payment processing gateway is integrated with the ecommerce site. Often times the credit card processing gateway will include an echeck module. If both echeck and credit card transactions are processed through the same ecommerce gateway, the merchant benefits from centralized reporting and easy merchant account transaction reconciliation.When a buyer checks out, electronic checks are one of the payment options. The other popular payment option, of course, is payment with credit cards. When echeck is the chosen method, the consumer buyer enters the same type of information as with credit card processing. The difference is that the consumer enters the routing and account number of the checking account rather than credit card number and expiration date.Consumer authorization is required is required with specific la
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 enac
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