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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 28-03-2006, 05:04:36 PM     #1 (permalink)
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Bonus Second Chance

I've just received back the complainant's second chance at fighting his third of the argument, don't they half go on? But I turned the tables I think, I blew their defamation back in their face so much (I used their own evidence and emails against them to keep them on track haha) that their whole second reponse was about that alone and full of but he did this and but he did that.

Win or lose I'm happy about that. Oh yes I am haha

So either I made matters worse by ensuring that's what they did or if I hadn't then they would have spent their time writing about another aspect. Now for the non standard submission - which in all sense and purpose there is no such thing, as the human mind finds it hard to block anything it's read or has knowledge of, even when making an informed decision so hopefully it will be just accepted.

The complainant however has a distinct lack of understanding of what affiliate marketing is so if I can put in the non standard submission what affiliate marketing is, even though I made it very clear in the first instance, then that should work.

For some reason the complainant now thinks when I notified them of interest in the domain that I was offering to build them a website as well? it shows what frame of mind they're in doesn't it? It's as if they're just trying it on without reading the facts. I certainly aint taking this seriously anymore, if I lose, I lose. It'll be a liberty though, the complainant aint got a brain.

I should still sue the bugger for defamation, he aint shut up even in his second chance, you can't write something and in the same sentance imply you never bloody meant it, it's just I'm as near to £3000 and having the will to spend that on getting a domain back as I am to having a million to spend on a stamp.

I don't know how I end up in these situations, it's like standing on the corner of Harrods waiting for a colleague and a bird comes up to you asking if you want a twig. If I wanted a twig I'd go down the woods and pick one up you traveller... leave me alone haha

Unregistered trade mark, I've never heard of anything so absurd. If they have rights in it, surely they'd show proof? if it's this easy to get a domain name off someone and claim this rubbish, wait until the whole world finds out about it, there will be DRS cases all over the place. Someone will get rich. And it aint the people losing £6.09 a time.

Last edited by retired_member6; 28-03-2006 at 05:10:38 PM.
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Old 28-03-2006, 05:17:24 PM     #2 (permalink)

 
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Lee

There is such thing as unregistered TM. The logo on this site is an unregistered TM..... don't fall for not taking that seriously..... To show rights to an unregistered TM, all they have to do is demonstrate they or you have been using the words as a logo, business trading name or other
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Old 28-03-2006, 06:11:41 PM     #3 (permalink)
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I know there's such a thing as an unregd trade mark, I was just pointing out that their evidence is woeful in that respect if indeed that's what unreg TM was to mean, if they even had a slight claim as unreg trademark I would understand but even then I'm not trying to to do business under a similar 'unregistered' class.

It's as if they're claiming just because they have the .com that they have the right to every other country extension in the world, so I argued why not let the .net and .org DRS me as well and we'll see who has the over riding right to have the domain I hold? that's how silly it is. I have asked the expert to determine what their overwhelming reason and right to the domain name is over all others and my own, indeed do I not have unreg trademark? Who's decieving whom?

They don't use the characters in their logo, nor on their website and it isn't in their company name but they claim that they're the initials of their company name whereas they don't even use half of them.

What angered me at the start was the cheek of someone trying to steal a domain in this manner, now I find it hard to take seriious because if they win the DRS will shown to be a charade, that's why I won't entertain this anymore and not take it serious as I don't think it should be, win or lose. Obviously if I win then let faith be partially restored but it really is farcical at the moment.
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