mat

Surly that would be even worse....

BANNEDfromTV

To be honest mat you're probably right. Must have been having an off moment when I said that. Would still have been funny to think about myspace steaming at the ears when they saw the re-direct.

To be fair I think the guy was on to a loser from the start with this case. it's a shame given the length of time he owned the name but there you go.

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Beasty

That's what itunes.co.uk did with Napster - not a good idea!

Jeewhizz

Picked up by El Reg: http://www.theregister.co.uk/2008/01...e_wins_domain/

I'm still shocked that this can happen in a supposedly open DRS service.

I hope they appeal

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pugyrob

myspace.co.uk should go after THEM lol as they regged first (joke). I think like t has been said, if it was me i would get a site up on myspace.co.uk pretty quick and have marketed it separately for something else. Traffic from that site must have been crazy.

julian

owners a bit silly, probably had umpteen time to flog it for a ££,£££+ but was greedy should have sold now taken to the cleaners

Whois-Search

More comments on:
http://mashable.com/2008/01/29/myspa...k-domain-name/

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landlord

This is an interesting comment 'Moreover, the Respondent has been aware of the Complainant’s assertions and concerns since at least May 2007 and has chosen not to change. '

By making this statement are the experts implying that a mistake could be rectified....if the registrant was unaware of the infringing parking page and on recieiving the complainants assertions (may 2007) acted swiftly to rectify any error and minimised any infirngement to merely pence.

Discussion point:-

Parking pages rarely make more than a few pence and therefore passing off damage could be valued at the price of the revenue produced...as such an offer of damages as at May 2007 and a change of parking page may have been enough to change this case. Traffic to a page is not enough for a passing off action as initial superficial confusion is not enough.i.e. unless a click is made from the page what damage is actually done.

Lee

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blacknight

It's a very long and wordy decision. It sounds like they were hoping that the domain holder would handover the domain.


I don't know about the "few pence" bit.

How would the complainant know how much was being made on a particular domain?

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landlord

The complainant wouldn't know but the defendant could produce the parking page report to confirm how much has been made on the name. The defendant then offers a quick resolution...pay damages to the complainant to the value of the revenue derived (and maybe solicitors costs...£200) and undertaken to not infringe of complainants rights in the future.

The above is based on the following fact...

To the public at large the perception is that the domain becomes the property of the domain name holder (on registration) therefore unless the complainant has unequivocal rights to that name then a 'transfer' would be unlawful. The question of property rights has been misunderstood in the courts and therefore I can't see how an expert can pass judgement on whether it is right to transfer a domain name.

HOWEVER, I haven't had time to read this decision but if the famous myspace existed prior to the domain name registration then I personally think I would rule that the defendant had the complainant in mind....myspace is so famous and the defendant did take advantage of the complainants rights.

Lee

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