Bounce.co.uk appeal decision

domaingenius · 30-06-2006, 09:53:39 PM

Ob

Uk

Dg

Jac · 01-07-2006, 02:02:51 PM

Quote:

Originally Posted by grandin

Saying that the high court judge didnt know you cant own a domain name

Where does it say that?

Quote:

Originally Posted by grandin

domain name ownership is as confusing as my mrs

Fair comment... seems to be getting that way... and I hasten to add I don't know your Mrs!

Quote:

Originally Posted by grandin

Cant believe this thread has has 1000+ views

Rights and wrongs are very subjective issues and there will always be different viewpoints. That's why we need experts and judges; to make hard decisions when people can't informally agree on a solution.

As an aside, I personally think "expert" is the wrong term for DRS deciders, but that's another story.

Regards
James Conaghan

grandin · 01-07-2006, 02:29:57 PM

Point 11 last sentence:-

http://www.nominet.org.uk/digitalAss...s_case_law.pdf

Incorrect statement according to the contract. The judge didnt read the contract either

Lee

Jac · 01-07-2006, 03:59:32 PM

Quote:

Originally Posted by grandin

Point 11 last sentence:-

http://www.nominet.org.uk/digitalAss...s_case_law.pdf

Incorrect statement according to the contract. The judge didnt read the contract either

Lee

Seems to me the judge went to some lengths to emphasise he didn't know too much about the workings of Nominet. His comment about trying to register a .com through Nominet kind of highlights that lack of knowledge. However, he seemed to lean heavily on the "One In A Million" precedent which (IMO) lacked a real understanding of Nominet too. However, he also said (Para 12) that "The courts have been consistently unsympathetic" to certain practices.

The problem with contracts has always been that you don't have to read them to be legally bound by them. The act of accepting a domain name binds you to the contract of registration; it is the same for gTLDs too. That's why it is always advisable to read them in the first place.

That said, there are exceptions in consumer law and I am personally always prepared to see things challenged. IANAL but business contracts differ significantly, and the following would probably not apply.

The Unfair Terms in Consumer Contracts Regulations 1999 states:

A consumer is not bound by a standard term in a contract with a seller or supplier if that term is unfair.
A standard term is unfair if it creates a significant imbalance in the parties� rights under the contract, to the detriment of the consumer, contrary to the requirement of good faith.
All terms (including core terms) must be in plain intelligible language otherwise they are open to challenge as unfair.

Regards
James Conaghan

Whois-Search · 01-07-2006, 06:00:20 PM

Quote:

Originally Posted by Jac

As an aside, I personally think "expert" is the wrong term for DRS deciders, but that's another story.

How about "Willoughby & Partners"

grandin · 01-07-2006, 07:06:35 PM

James, its better for everyone if its a bit more controlled and I dont mean government controlled but a helping hand from those that can make a difference...thats all I want anyway

Lee

sneezycheese · 01-07-2006, 08:59:38 PM

Quote:

Originally Posted by Jac

As an aside, I personally think "expert" is the wrong term for DRS deciders, but that's another story.

...You and me both bud.

In my life I've worked with some 'real' experts. These guys (and gals) really know their stuff (that's why they're key players in the biggest companies on this planet), and like any 'true' expert you can not really argue with their conclusions - That's because they're really that good!

...Unlike some others I could mention.

Whois-Search · 06-07-2006, 12:49:37 PM

They are talking about this case now on Nom-Steer if anyone wants to join in

http://www.nominet.org.uk/other/lists/nom-steer/

Whois-Search · 07-07-2006, 01:24:13 AM

How safe are the following domains now ?

bold.co.uk - company website
daz.co.uk - owned by Daz Jones
bounty.co.uk - redirects to bounty.com
fairy.co.uk - PPC search page
flash.co.uk - Empire Direct homepage
braun.co.uk - not used

All "generic" words but all P&G products.

Going on the bounce.co.uk case they should win:

fairy.co.uk
flash.co.uk
braun.co.uk

??????

Creature · 10-07-2006, 07:53:27 PM

Was the crime not opening the post in the morning ?

The fact is that he who generates the most tax for the government shall win (imo).

Why do you only get a few months (or whatever it is) to respond to the complaint? It should be a lot longer especially when the only crime here seems to be a delay in the response.

The report seems very one sided in favour of of the washing powder makers.

01-07-2006, 02:29:57 PM	#53 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	citigroup case Point 11 last sentence:- http://www.nominet.org.uk/digitalAss...s_case_law.pdf Incorrect statement according to the contract. The judge didnt read the contract either Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

01-07-2006, 07:06:35 PM	#56 (permalink)
grandin Join Date: May 2006 Posts: 1,273 No Classified Ratings Domain Trader Rating: (100% / 26)	want it better James, its better for everyone if its a bit more controlled and I dont mean government controlled but a helping hand from those that can make a difference...thats all I want anyway Lee __________________ Buy To Let Mortgages Buy To Let mortgages Discount Mortgages landlord insurance student loan Commercial Mortgages Fixed Mortgages UK Hotels UK Holidays

06-07-2006, 12:49:37 PM	#58 (permalink)
Whois-Search Join Date: Dec 2004 Location: Swad.com Posts: 1,480 No Classified Ratings Domain Trader Rating: (100% / 2)	They are talking about this case now on Nom-Steer if anyone wants to join in http://www.nominet.org.uk/other/lists/nom-steer/ __________________ Andrew Bennett - www.whois-search.com Linkedin: http://uk.linkedin.com/in/andrewgbennett

07-07-2006, 01:24:13 AM	#59 (permalink)
Whois-Search Join Date: Dec 2004 Location: Swad.com Posts: 1,480 No Classified Ratings Domain Trader Rating: (100% / 2)	How safe are the following domains now ? bold.co.uk - company website daz.co.uk - owned by Daz Jones bounty.co.uk - redirects to bounty.com fairy.co.uk - PPC search page flash.co.uk - Empire Direct homepage braun.co.uk - not used All "generic" words but all P&G products. Going on the bounce.co.uk case they should win: fairy.co.uk flash.co.uk braun.co.uk ?????? __________________ Andrew Bennett - www.whois-search.com Linkedin: http://uk.linkedin.com/in/andrewgbennett

10-07-2006, 07:53:27 PM	#60 (permalink)
Creature Join Date: Mar 2006 Posts: 195 No Classified Ratings Domain Trader Rating: (100% / 2)	crime Was the crime not opening the post in the morning ? The fact is that he who generates the most tax for the government shall win (imo). Why do you only get a few months (or whatever it is) to respond to the complaint? It should be a lot longer especially when the only crime here seems to be a delay in the response. The report seems very one sided in favour of of the washing powder makers. Last edited by Creature; 10-07-2006 at 07:57:16 PM.

30-06-2006, 09:53:39 PM	#51 (permalink)
domaingenius Join Date: Dec 2004 Posts: 1,387 No Classified Ratings Domain Trader Rating: (100% / 1)	Ob Uk Dg

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