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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 25-07-2008, 05:27 AM   #1

 
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Generic term cumerlandestateagents.co.uk

Interesting term, generic and not part of a pattern but considered abusive

http://www.nominet.org.uk/digitalAss...ents.co.uk.pdf

No evidenceto support SUBSTANTIAL goodwill that overrides the right to use a generic term

Reliance on no reply....no reply doesnt care?

Lee
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Old 25-07-2008, 07:05 PM   #2

 
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Whilst I don't partically agree with this outcome, I can see the reasoning:

based on:
  1. The Complainant has a registered UK device trade mark CUMBERLAND ESTATE AGENTS, number 2337806, which was filed on 15 July 2003 and registered on 7 January 2005.
  2. The Domain Name was registered on 25 February 2006.
  3. The Respondent did not submit a Response.
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Old 25-07-2008, 07:11 PM   #3
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Quote:
Originally Posted by grandin View Post
Interesting term, generic and not part of a pattern but considered abusive
The Complainant further argues that the registration of the Domain Name is automatically abusive because the Respondent has had three or more DRS cases against it in the last two years in which experts have found the registrations to be abusive. The references given by the Complainant for these decisions are “DRS case numbers 02908, 03386, 03817, 04001, 04551, 04575”.

Three strikes rule, or er, six strikes.

plus

The website directs internet users to a parking site featuring links to competitors of the Complainant.

and

The Complainant has a registered UK device trade mark CUMBERLAND ESTATE AGENTS, number 2337806, which was filed on 15 July 2003 and registered on 7 January 2005.

I can see how the decision was reached.
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Old 26-07-2008, 06:24 PM   #4

 
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Quote:
Originally Posted by grandin View Post
Interesting term, generic and not part of a pattern but considered abusive

http://www.nominet.org.uk/digitalAss...ents.co.uk.pdf

No evidenceto support SUBSTANTIAL goodwill that overrides the right to use a generic term

Reliance on no reply....no reply doesnt care?

Lee
I think UK county names should be evaluated in terms of "sex", why these kind of terms be chosen as, which could be a doctorate thesis

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