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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 25-11-2006, 10:29:11 AM     #1 (permalink)

 
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chastityuk.co.uk DRS

Some new DRS cases out to read.

Have you seen this one:

chastityuk.co.uk http://www.nic.uk/digitalAssets/10069_chastityuk.pdf

With things like this in the DRS:

Quote:
Chastity or chastity play today is not about total abstinence from intercourse, the chaste man has a release date to earn and look forward to. It is the anticipation of a longed for orgasm which is the spice of chastity. It can be about your submission to your keyholder and your willingness to please her, knowing that if you do as she asks you will be granted release at some point. The feeling of a keyholder controlling your orgasms can be highly charged with eroticism, even when you're both apart.
LOL what ever next will be used in a DRS complaint?
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Old 25-11-2006, 01:13:42 PM     #2 (permalink)
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An interesting decision again !
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Old 25-11-2006, 06:15:34 PM     #3 (permalink)

 
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who has rights

gordon benett not another one!!!!
]
'Deciding whether the Complainant has Rights in this case is difficult.'

'Whether or not there is copyright infringement is irrelevant. What is relevant is that the Respondent has chosen to use identical text.'

If the name is generic and the text has a generic right of use (because the expert could not show who copied who or whether they both copied a third party) then no abuse has occured

Based on the evidence the name is generic and the text is generic

Lee
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Old 26-11-2006, 12:00:58 PM     #4 (permalink)

 
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fine-cheeses.co.uk is available

How can you register it then without losing it in a DRS? I don't have a cheese company. However if I put cheese adverts on it I would lose it?

Is it generic or do they only look at the dash? Or even my post here would cause me to lose it?
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Old 26-11-2006, 03:38:44 PM     #5 (permalink)

 
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Negligence ...

Quote:
Originally Posted by Whois-Search View Post
fine-cheeses.co.uk is available

How can you register it then without losing it in a DRS? I don't have a cheese company. However if I put cheese adverts on it I would lose it?

Is it generic or do they only look at the dash? Or even my post here would cause me to lose it?
...Isn't Nominet now clearly being negligent in the fact that they are allowing this domain to be available to all to register? - Especially as the 'expert' in the finecheeses.co.uk DRS ruled that the term "fine cheeses" has obtained "secondary meaning"! - Case clossed: No one else should be able to register a .uk domain with the term 'fine cheeses' because it has gained the in the eyes of the Nominet DRS 'secondary meaning' - i.e. The Fine Cheese Company now have exclusive use of the term in the .uk namespace as deemed by the Nominet Contract!? - Where is Nominet's 'Duty Of Care'???

Last edited by sneezycheese; 26-11-2006 at 05:12:12 PM. Reason: grammer & spelling - I should have gone to school
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Old 26-11-2006, 04:58:58 PM     #6 (permalink)
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Quote:
Originally Posted by Whois-Search View Post
fine-cheeses.co.uk is available

How can you register it then without losing it in a DRS? I don't have a cheese company. However if I put cheese adverts on it I would lose it?

Is it generic or do they only look at the dash? Or even my post here would cause me to lose it?
fine-cheeseS.co.uk is available. Do not register it ! The Nominet Expert has deemed that the term finecheeseS has a "secondary meaning".

In the Nominet DRS case The Fine Cheese Company Limited v. Lawsons Cheeses , Nominet Expert David Flint decreed that "...the Expert considers that the domain name (finecheeseS.co.uk) has acquired a secondary meaning due to the activities of the Complainant (The Fine Cheese Company Limited).....Accordingly the Expert finds the domain name is an Abusive Registration........."

Because "finecheeseS" has acquired this secondary meaning by the usage of The Fine Cheese Company Limited in Somerset, presumably if the completely different company Fine CheeseS Limited Company in Yorkshire registration number 04912190 with website finecheeseSlimited.com were to register fine-cheeseS.co.uk (with a hyphen) would this mean that a DRS Expert would order them too to hand it over to The Fine Cheese Company Limited?

Interestingly, if Fine CheeseS Limited were to take out a new DRS on the recently transferred finecheeseS.co.uk what would the outcome be?

This is Nominet's acclaimed DRS service at its finest ?

Any lawyers about ?

.

Last edited by Crusader-K; 27-11-2006 at 08:12:12 AM.
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Old 26-11-2006, 05:37:11 PM     #7 (permalink)

 
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I am sooooooo tempted to register the name and put up a page of piccies of what I think are fine cheeses ....
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Old 26-11-2006, 05:39:09 PM     #8 (permalink)

 
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the football fan coming out of you again or the anarchist?
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Old 26-11-2006, 05:57:32 PM     #9 (permalink)

 
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Quote:
Originally Posted by olebean View Post
the football fan coming out of you again or the anarchist?
The anarchist

But it could be an interesting case ......

Hazel
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Old 26-11-2006, 06:24:30 PM     #10 (permalink)

 
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Quote:
Originally Posted by Hazel Pegg View Post
The anarchist

But it could be an interesting case ......

Hazel
Regged under the name "DRS anarchists"
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