Advice wanted please

woohoo · 12-04-2011, 09:14:58 AM

Hope someone might be able to help. I will keep this fairly brief so dont write life history. If someone receives a DRS and doesnt want to proceed with the DRS but take the matter to Court how is that done ?. I believe they have very good chance in Court under trade mark laws, but much less so under DRS rules,thus they want to take into Court. Anyone have any experience of this ?.

Thanks
K

retired_member13 · 12-04-2011, 09:18:03 AM

Quote:

Originally Posted by woohoo

Hope someone might be able to help. I will keep this fairly brief so dont write life history. If someone receives a DRS and doesnt want to proceed with the DRS but take the matter to Court how is that done ?. I believe they have very good chance in Court under trade mark laws, but much less so under DRS rules,thus they want to take into Court. Anyone have any experience of this ?.

Thanks
K

I'd contact Nominet to find out what the procedure is in this case. I don't think that you can "choose" a court action instead of a DRS if someone starts a DRS against you.

woohoo · 12-04-2011, 09:22:46 AM

Quote:

Originally Posted by Ty_

I'd contact Nominet to find out what the procedure is in this case. I don't think that you can "choose" a court action instead of a DRS if someone starts a DRS against you.

Someone told me that you could issue a court procedure rather than wait for DRS ,or maybe have to wait for end of DRS and then take to Court ?. Must be someone here with some experience of these things ?.

K

aZooZa · 12-04-2011, 09:31:59 AM

See paragraph 20:

http://www.nominet.org.uk/disputes/drs/?contentId=5240

woohoo · 12-04-2011, 09:36:56 AM

Quote:

Originally Posted by aZooZa

See paragraph 20:

http://www.nominet.org.uk/disputes/drs/?contentId=5240

Thank you very much for that. One other thing though. Does anyone know exactly what to issue (i.e. injunction, etc ?). And please dont say "you must have a lawyer" as cannot afford it and will do myself. The only thing missing is that I dont know what the type of Court procedure to issue.

thanks
K

PaulK · 12-04-2011, 12:05:57 PM

Must be a great domain name if your willing to risk open court and the cost's associated with it !

Not so sure about the DIY bit........in fact i'd advise getting your nut xray'd

Good luck.

woohoo · 12-04-2011, 12:13:44 PM

Quote:

Originally Posted by PaulK

Must be a great domain name if your willing to risk open court and the cost's associated with it !

Not so sure about the DIY bit........in fact i'd advise getting your nut xray'd

Good luck.

Costs dont worry me no. As for DIY, I took 2 Malaysian co's to Court ,took 2 years and got trial listed. Lasted 2 days with them represented by barristers paying tens of thousands �. I won in UK Royal Courts, and then enforced Judgment in Malaysia.

K

websaway · 12-04-2011, 12:21:05 PM

Quote:

Originally Posted by woohoo

Costs dont worry me no. As for DIY, I took 2 Malaysian co's to Court ,took 2 years and got trial listed. Lasted 2 days with them represented by barristers paying tens of thousands �. I won in UK Royal Courts, and then enforced Judgment in Malaysia.

K

reading above it sounds like you don't need advice.

Although surprised you couldn't find paragraph 20 on nominets dispute procedure page.

aZooZa · 12-04-2011, 12:23:49 PM

Quote:

Originally Posted by woohoo

Costs dont worry me no. As for DIY, I took 2 Malaysian co's to Court ,took 2 years and got trial listed. Lasted 2 days with them represented by barristers paying tens of thousands �. I won in UK Royal Courts, and then enforced Judgment in Malaysia.

K

Interesting. Were those two Malaysian companies trading as UK entities?

Bailey · 12-04-2011, 12:55:04 PM

Are you possibly being influenced by your previous success - as the main motivation for going down the same road ?

I ask because of your two references to "cost" of the action appear contradictory

12-04-2011, 09:14:58 AM	#1 (permalink)
woohoo Junior Member Join Date: Apr 2011 Posts: 17 No Classified Ratings Domain Trader Rating: (0% / 0)	Advice wanted please Hope someone might be able to help. I will keep this fairly brief so dont write life history. If someone receives a DRS and doesnt want to proceed with the DRS but take the matter to Court how is that done ?. I believe they have very good chance in Court under trade mark laws, but much less so under DRS rules,thus they want to take into Court. Anyone have any experience of this ?. Thanks K

12-04-2011, 12:55:04 PM	#10 (permalink)
Bailey Join Date: Apr 2009 Location: Essex UK Posts: 1,617 No Classified Ratings Domain Trader Rating: (100% / 4)	Are you possibly being influenced by your previous success - as the main motivation for going down the same road ? I ask because of your two references to "cost" of the action appear contradictory __________________ TheDon dot Com

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12-04-2011, 09:31:59 AM	#4 (permalink)
aZooZa Join Date: Nov 2005 Posts: 3,980 No Classified Ratings Domain Trader Rating: (100% / 46)	See paragraph 20: http://www.nominet.org.uk/disputes/drs/?contentId=5240

12-04-2011, 12:05:57 PM	#6 (permalink)
PaulK Join Date: Nov 2009 Posts: 291 No Classified Ratings Domain Trader Rating: (100% / 6)	Must be a great domain name if your willing to risk open court and the cost's associated with it ! Not so sure about the DIY bit........in fact i'd advise getting your nut xray'd Good luck.