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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 31-01-2008, 09:54 AM   #21
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The problem with the decision is that myspace.co.uk predates the well known myspace by several years
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Old 31-01-2008, 10:07 AM   #22
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Originally Posted by blacknight View Post
The problem with the decision is that myspace.co.uk predates the well known myspace by several years
That is not how the DRS works though, and those are the rules.

Imagine if those rules were applied to land...
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Old 31-01-2008, 10:45 AM   #23
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That is not how the DRS works though, and those are the rules.
I'm not sure I follow.

If the DRS doesn't work like this then how did they arrive at that decision?

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Imagine if those rules were applied to land...
Not a nice concept
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Old 31-01-2008, 03:17 PM   #24

 
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pre dates

If myspace does in fact pre date the complainants rights then the outcome is very sad indeed.....ie. due to lack of understanding the registrant (weakly) took advantage of the complainants rights....

Personally I would offer the Complainant £1000 damages and apply to the courts to get the name back...bloody cheek I say.

Nominet expect you to understand the 3 million word contract and the DTI sit on the PAB and run the Patent Office....AND a judge wrongly assumes that a domain name is capable of being owned
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Old 31-01-2008, 10:09 PM   #25

 
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I thinks it pretty simple - myspace.co.uk was on a parking page making revenue off the back of a trademarked, established website - if it had been on a blog or had unrelated content on a website probably would have been much harder to get it.

i'm just amazed the owners did what they did - for a few pence...
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Old 01-02-2008, 10:17 AM   #26

 
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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
The Nominet site says it is being appealed.

http://www.nominet.org.uk/disputes/d...decisions4001/
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Old 01-02-2008, 11:00 AM   #27

 
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Interesting!

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Old 01-02-2008, 11:00 AM   #28

 
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The Nominet site says it is being appealed.

http://www.nominet.org.uk/disputes/d...decisions4001/
Yet another holiday in Barbados for Uncle Tony
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Old 01-02-2008, 11:37 AM   #29

 
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Yet another holiday in Barbados for Uncle Tony

Tony Willoughby has chaired 4 out of the last 5 appeals? Do they rotate the experts on appeals or does it go on experience/conflicts of interest?

Also worth a read:


http://www.guardian.co.uk/media/2008...rss&feed=media

Quote:
"This dispute resolution service decision is counter-intuitive at first
sight and serves as a warning that domain registrations are not guaranteed
and need to be secured by pro-active management as well as a clear
understanding of the dynamic nature of the industry," said Jonathan
Robinson, the chief operating officer at web services company NetNames.
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Old 01-02-2008, 12:46 PM   #30

 
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fascinating

Beasty this will be a fascinating appeal given the overturn of the wise insurance dispute.

I reckon....appeal...overturn....myspace take court action....myspace.co.uk sold on a out of court settlement....domain name holders will no wiser

good case for you beasty....lucrative

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