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GreyWing

Personally mate having looked at it in a bit more detail I would probably let it drop. It's not nice as you had the domain first but looking at archives.org there wasn't a website on it until after the tv show started.

Having looked at it from that view I would probaby have given it as an abusive registration given their rules.

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fairplay

Then the rules need to be changed, the site took over 6 months to build from January 2007. Another thing the TV industry is incestuous the same people move from job to job and these people knew there was an online talent site called Britains Got Talent in development.

Nominet rules are clear, the claimant has to prove (all) of their case, they proved nothing.

Fremantle promised to buy, they put forward bogus evidence, the expert found on the basis of there being a 'new use' when the intended use for the site never changed at any time, AND THEN she reinforced this with an imaginary revenue, when she knew there was none.

There is no bloody way this is going to be dropped and I would urge anyone who has ANY ideas to help no matter how obscure they might think it is - If they can.

I would VERY much appreciate ANY HELP.

Thanks...

bb99

I have just re-read the decision on this DRS.

As irritating as some of the expert's comments/findings may be, I think you need to find some focus in your appeal. You won't benefit from taking every sentence in the decision to pieces.

The case appears to turn on the fact that the (functioning) website did not spring up until after the BGT series was broadcast in the UK. Furthermore, the respondent has not supplied any evidence that the site was in development well before this time (other than saying so). This is where the owner, in my view, has "dropped a bollock" so to speak.

If £30k has been spent on development, this should be easily proven with invoices, receipts, bank statements, etc. If development commenced in the January of that year, again, this should be easily backed up with documentation. Specifications, emails, etc.

If the owner has all of these, they really should have included them as evidence in their response.

If you can prove that then you can surely prove that it was in fact the BGT television prog that was taking unfair advantage of the registrant's rights.

Would that succeed on appeal? I don't know. It's not really "new evidence", it's merely providing the proof to something already said that the expert didn't appear to believe. You could appeal on the grounds of a "breach of natural justice" (10/g/iv) caused by the fact that the registrant didn't realise that they needed to provide proof for everything that they said and that the confusing DRS system was meant to be accessible to the layman.

I am not a lawyer though. All of what I've written above may be rubbish. Most of my posts usually are

I strongly recommend that, if the owner really wants to keep the domain name, they seek advice from a solicitor with DRS experience. Not your Bodger & Co high street solicitors .

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GeoMal

You would have to demonstrate how it took six months and £30K to go from this

Demo site of free download of phpizabi

to this

developed britainsgottalent site

I have to say, at first glance it does not appear that this is the case.

rob

Yikes. Who built the second site for £30k as it seems they have a hefty design and implementation fee for a seemingly off the shelf script - eg. Online sales video host & Items for sale with video presentation at Vidibids.com

GreyWing

Archive.org Jun 17th

This is what archive.org picked up before the show started, which is very strange for a professional site.

Save your money buddy and just let it drop or in 6 months someone may have lost 30k for real.

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mat

Now pointing at the ITV site!

doodlebug

The official registant is now Freemantle and they din't pay 100k as we know, the DRS pdf was an interesting read the respondant certainly defended theirselves, but i do see Freemantles / Syco tv's point, Americas got talent was aired in March 2006 and the domain in question was registered in September 2006, so you could foresee a British version, anyway if i owned that name and lost it i might join a domain forum and pretend i am not the owner of the domain in question and then ask domain traders for their opinion although it doesn't matter much because the decision as been made and if i put 30k into a site and the domain meant so much to me then i would put another 3k into it and hope i win an appeal or maybe spend 3k on rebranding my site and get Domainangel to do some SEO work for me, as for becoming a member and portraying myself as not being the owner of the domain in question then i would have called myself something like Smith, i wouldn't call myself something like Fairplay knowing that i am peed off having not been treated so things go in my favour, as for someone who as no direct involvment with the domain in question then i wouldn't spend a lot of time writing out post after post after post, only if i had a personal stake in the domain, maybe it's time to move on, the decision as been experlty decided in favour of the complainant and i guess that is only fairplay, last point for a new member to post 30 + replies to 1 thread they must have a great interest in domaining and would have replied to lots of other threads by now and would rapidly become an ADSENIOR, ah well we look forward to a Britains got talent DRS blog, you could stick Google ads on there for casting agencies !!! END OF, DOODLEBUG, still learning but not stupid !!! maybe time to lock this ?

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grantw

I'll quote myself from page 7 of this sorry thread:

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philipp

Doodlebug: all excellent points, would politely recommend some full stops & paragraphs though, your post is quite tricky to parse as is

Cheers,

P.

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