Nigel

I think you need to take a look at the Trademark register. There are two entries for 'a quick sale' See here:

http://www.ipo.gov.uk/tm/t-find/t-fi...atusselected=A

I'm no trademark expert (perhaps Beasty can give some insight on this) but it may be significant that the original trademark application for the term 'A QUICK SALE' for a WO trademark was withdrawn and the only trademark registered under term 'A QUICK SALE' is for a DW trademark.

I have always thought that a WO trademark gives exclusive rights to a term wheras a DW trademark is for simply trademarking the term in the form of a logo or image. It would be very helpful if someone with a legal brain could clarify this situation. In any event I would strongly recommend that you take some legal advice on this before responding.

mattyk50

thanks nigel. i'll have a chat to my sisters who is a solicitor at the the weekend.

keep the replies coming in the mean time though. its helping me get a picture of what my situation is

Matt

Nigel

Handy having a sister who is a solicitor - lucky you

mattyk50

an interesting development, while i have been having a look on whois...

the email from a-quick-sale about this matter came from a "Glenn Ackroyd" at a-quick-sale.

The attachement to the email was the legal letter from a company called firstlegal.org.uk

ive had a look at the site for first legal, and its just a holding page - but who is it registered to on whois.... a Mr Glenn Ackroyd

grandin

Nominet has created a contract based on opinions not clauses. A DRS expert has been empowered to do as he or she likes....the rights test is low and not subject to english law.....chuckle says the mediator

Ah...but lets all be thankful as so many Government departments having been sitting on the PAB and observing the DRS for years. Surely 35 legal DRS experts can't be wrong....can they? they wouldn't put a name to a 3 million word consumer contract would they??? A crappy contract wouldn't be issued with a crystal mark...would it? The judge wouldn't get his facts wrong...would he?

Alas....its not what you know its who you know

Lee

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mattyk50

and that means what, exactly??

GWing

they don't have a leg to stand on,

didn't the easy group already go thorugh this and lose.

Hense they tried tp stop easygolf.co.uk

as long as nobody uses orange and the word easy they are fine.

And if easy group couldn't stop it, I doubt this bunch of idiots can.

Although that was a court decision and not a DRS decision. DRS decisions are often made from a panel of people on their knees.

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rob

Did the letter claim 'firstlegal.org.uk' was a solicitor / legal company?

grandin

it means very little until many more court cases....DRS on the one hand is good.... it prevents massive legal bills and the majority of complaints are in respect to obvious abuse....however once in a while you get a large coporate who puts his welly in on something he/she does not have unequivocal rights to and for some reason they win....the reason for the win is not derived from the contract clauses as such but more so from the opinion of the expert. I don't see how a expert can be negligent as he/she is not (under the DRS) confined to english law or any contract term apart from....

does the complainant have rights

and

in his/her opinion has the actions of registrant taken unfair advantage of the complainants rights

This second limb is not confined to any list even though point 3 of the policy gives weight to a certain number of reasons....I recently discussed this issue with someone from Nominet and they implied these are the most common BUT as I said to him.. most common does not give reason to provide extra exposure over another reason....there is no hierarchy of reasons therefore point 3 of the policy is misleading.

The most interesting application of this was the ghd.co.uk case...The original expert referred to a previous drs case (he was the expert but did not disclose the fact) he moved the registrants rights date from the date of registration...Nominet clearly defines that on the day of registration you derive a right of use... is the expert negligent?....no cause he/she has been empowered to do whatever he/she likes cause your whole contract is based on a experts opinion who is not subject to anything apart from his/her own morals...

NB...I also said to the Nominet person that the reasons for abuse should be a longer list...the person said the list would be enormous and therefore not practical....ah I said.....at the moment the list is contained deep within the 3 million word drs archive isn't it?.....i am sure its Nominets duty to extract that list ins't it (or ignore it and hope the problem goes away)? i.e. even if the list was 1 million words instead of 3 million it would be less misleading....the list is currently 6 paragraphs approx!

Lee

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mattyk50

so what should i say then??