DNDRC’s Controversial Decisions

[nizamani]

On 16th April, Muhammad Imtiaz Shafiq (original registrant of Djuice.pk) tried to open his website but receive continues failed errors. For troubleshooting purpose he ran several tests to find what is wrong with his site, Suddenly when he opened PKNIC.net.pk (The registry for .PK ccTLDs) and opened Domain Whois (To verify that his domain’s Name servers are properly set) for his website. He was shocked to see that his domain has been marked inactive and is in transfer process. After contacting PKNIC about the issue he was told that the domain name was found to be violating the Trademark and a decision have been made by DNDRC (Domain Name Dispute Resolution Center) to transfer the domain to the Trademark owner.
DNDRC’s Controversial Decisions

This is not the first time when DNDRC has taken unilateral decision, in past a domain name budget.com.pk was also targeted and was snatched from the Mr. Fayaz Khan Khalil running a Car Rental Service in Peshawar and was given to a US based Car Rental Company which doesn’t even operate in Pakistan under the act of Trademark violation. The owner for the domain budget.com.pk was never contacted regarding the dispute and discriminatory decision was made. While on other hand If you would see the term Budget, it is a Generic word which can be found in Dictionary - How can a Generic word be a Trade name.
On DNDRC’s Website there are 5 dispute listed, one of them is an adult domain which by PKNIC’s policy isn’t allowed, but the remaining 4 cases are related to Trademark issues and in 3 out of 4 cases it was argued that the respondent didn’t responded to the emails sent by DNDRC. While the Original Domain owners were protesting against DNDRC’s actions and were claiming that they weren’t even contacted and they haven’t received any emails from the Dispute Resolution Center.
Owners of the above mentioned domains have also protested at different places, including at DNDRC’s blog at ICANN.org where DNDRC has not yet replied to their comments.
Mr. Imtiaz Shafiq (original registrant of djuice.pk) at one of the Domain Registrar’s Discussion forum have also complained to receive serious threats via phone calls by DNDRC. He have further said that he is being pressurized to withdraw his complains.

Dear
Aslam-o-Elikum,
Yesterday I have received some serious threats via telephonic calls
from the DNDRC (Domain Name Dispute Resolution Center for .PK) domains 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

None of us is against the rules formed by ICANN and/or Trademark right of its owner. In fact the problem is the violation of the rules (formed by PKNIC/ICANN) by DNDRCitself. DNDRC is bound with the rules of PKNIC to send emails and try to contact the original registrant to hear the other side of of story.