| new evidence
'seeing evidence in a Response from him - either on the topic of whether the domain name was generic or descriptive; or on his reasons for registration and later use'
Retrial can occur IF new evidence is brought forward...Nominet has accepted in this statement that evidence was missing due to an internal problem
Therefore:-
Was Client paid off
or
Set it up for a retrial
Nominet may prefer a retrial to set the POLICY straight....bounce doesnt sit very nice.
My personal opinion is that the Appeal experts got it wrong....
Detrimental to the complainants rights? Yes Unfairly detrimental to the complainants rights? NO
The onset of the web says that many domains could infringe on others rights BUT the question is.....Does it UNFAIRLY TAKE ADVANTAGE OF THE COMPLAINANTS RIGHTS
The fact that I have a restricted Trade Mark in the term VISIONIST has truly highlighted the problem with the POLICY re rights.
Lee
Last edited by grandin; 28-09-2006 at 12:35:28 PM.
Reason: blob
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