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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 07-08-2007, 07:35:51 AM     #21 (permalink)

 
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Where is the transfer of consideration?
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Old 07-08-2007, 08:38:54 AM     #22 (permalink)

 
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Where is the transfer of consideration?
So you're saying that if the scenario were the same BUT the money had been transferred from the buyer to the seller, that would be legally binding - but not until that happened?
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Old 07-08-2007, 09:04:50 AM     #23 (permalink)
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So you're saying that if the scenario were the same BUT the money had been transferred from the buyer to the seller, that would be legally binding - but not until that happened?
Yes as a contract would be in place ie.
1 - invitation to treat
2 - acceptance
3 - consideration (this bit needs to be in force for there to be a contract)

I only did stuff about carbolic smoke bollocks so dont know if escrow counts as a payment / consideration section of the contract and therefore means it is active.

Either way the seller was not playing cricket to pull the deal, likewise the buyer missed out on the original 'buy it now price'.
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Old 07-08-2007, 10:32:01 AM     #24 (permalink)

 
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thing is guys, which ever way you look at it, a deal certainly needs to be alot further down the line to be even questionable.

All the seller has to do is say, "I never agreed to sell, it must have been a falsified email sent by someone having a joke". End of problem from a legal point of view, unless someone can prove it was them that agreed to sell. Which is basically impossible.

After all, I could just say one of you agreed to sell me your best name for £10 and that nominet should hand it over.

I'm sure there was any kind of legal address for it, then the housing market would be the first to introduce it.
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Old 10-08-2007, 10:05:41 AM     #25 (permalink)

 
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ireland.co.uk

when doing a deal
if the person is one one country what rules do they go with
dermont is based in the USA.
and the other person in the UK.

They only true way for this to be sorted would be through the courts.
now would that be usa courts or UK and diffrent laws may apply
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Old 10-08-2007, 10:46:03 AM     #26 (permalink)

 
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Originally Posted by bb99 View Post
So you're saying that if the scenario were the same BUT the money had been transferred from the buyer to the seller, that would be legally binding - but not until that happened?

That is my understanding..
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Old 22-08-2007, 05:48:30 PM     #27 (permalink)

 
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Appeals pending for ireland.co.uk and business.co.uk. Could get messy.
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Old 22-08-2007, 06:02:58 PM     #28 (permalink)

 
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thats funny

Ah....I remember that rob...I only did stuff about carbolic smoke bollocks so dont know if escrow counts as a payment / consideration section of the contract and therefore means it is active.

...I did a btec in business studies...distinctions to HNC I must say which included the cabolic smoke ball....and offers to treat etc...

registrant puts in a whois query...offer

Nominent makes counter offer....available for registration

registrant buys dodgy name cause Nominet offered it to them...

carbolics indeed

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Last edited by grandin; 22-08-2007 at 06:05:13 PM.
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Old 22-08-2007, 07:51:38 PM     #29 (permalink)

 
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Originally Posted by mofo View Post
Appeals pending for ireland.co.uk and business.co.uk. Could get messy.
Agreed...

Uncle Tony will be booking an extra trip to Barbados this year, what with all the appeals money rolling in
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Old 27-08-2007, 03:50:55 PM     #30 (permalink)

 
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Since Bella have failed in the cheaper route to acquire the domain (and appeal is probably futile) I wonder how much they will offer to buy it. It must surely have greater value to them than anyone else, and also they have deep pockets.

What an enviable position to be in, having an excellent generic domain, associated with a major brand, and safe from DRS.
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