Obtaining a court order?

retired_member11 · 24-07-2006, 12:41:34 PM

Does anyone have any knowledge and experience about how to obtain an initial court order preventing either 1. Nominet acting on receipt of a transfer form and authoring the transfer of the domain name on their register or 2. the present registrant from selling a domain name to another party?

Which court, which form, the process? Any info gratefully received.

retired_member6 · 24-07-2006, 12:43:39 PM

I should think if you start proceedings and advise nominet that would put a halt to any transfers.

FC Domains · 24-07-2006, 01:09:38 PM

It's not really clear what's going on, but I think that if you start a DRS procedure, that would freeze everything for a while. Just be careful. If your actions are later viewed as malicious, you could be in trouble.

bb99 · 24-07-2006, 01:33:42 PM

Quote:

Originally Posted by argonaut

Does anyone have any knowledge and experience about how to obtain an initial court order preventing either 1. Nominet acting on receipt of a transfer form and authoring the transfer of the domain name on their register or 2. the present registrant from selling a domain name to another party?

I think your best bet is to phone a decent IP lawyer and get a "free initial consultation" about what you're trying to do. In the very least they'll answer your questions above and tell you how much it's going to cost - but they may also be able to tell you an alternative way of achieving the same outcome.

sneezycheese · 24-07-2006, 02:12:18 PM

Additional Info...

Types of Injunctive Relief: http://www.cr-law.co.uk/services/lit...injunctive.asp

Application Form for an Injuntion: http://www.hmcourts-service.gov.uk/c...s/fp3_1205.pdf

...As far as I understand it, you'll not even get off the starting blocks with an Injunction if one of the first two conditions aren't met - i.e. either 'by application in pending proceedings' or 'under statutory provision'.

Hope it's of some help.

Sneezy.

24-07-2006, 12:41:34 PM	#1 (permalink)
retired_member11 Join Date: Mar 2005 Posts: 974 No Classified Ratings Domain Trader Rating: (100% / 1)	Obtaining a court order? Does anyone have any knowledge and experience about how to obtain an initial court order preventing either 1. Nominet acting on receipt of a transfer form and authoring the transfer of the domain name on their register or 2. the present registrant from selling a domain name to another party? Which court, which form, the process? Any info gratefully received.

24-07-2006, 01:09:38 PM	#3 (permalink)
FC Domains Join Date: Mar 2005 Posts: 1,060 No Classified Ratings Domain Trader Rating: (100% / 62)	It's not really clear what's going on, but I think that if you start a DRS procedure, that would freeze everything for a while. Just be careful. If your actions are later viewed as malicious, you could be in trouble. __________________ Colin FC Domains Domains drop-caught and sold at wholesale prices

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Similar Threads
Thread	Thread Starter	Domain Name Community	Replies	Last Post
Court action	grandin	Domain Name Disputes	1	24-07-2006 11:55:01 AM
Tesco court case	EdPhillips	Domain Name Disputes	1	15-03-2006 09:33:33 AM
3i takes III to court over domain name	stevie	Domain Name News	3	12-08-2005 10:11:43 PM
US Court ruling	domaingenius	Domain Name Disputes	0	17-05-2005 08:40:00 AM
Appeals court upholds Sex.com ruling	admin	Domain Name News	0	04-04-2005 09:40:29 AM

24-07-2006, 12:43:39 PM	#2 (permalink)
retired_member6 Banned Join Date: Apr 2005 Posts: 5,643 No Classified Ratings Domain Trader Rating: (100% / 41)	I should think if you start proceedings and advise nominet that would put a halt to any transfers.

24-07-2006, 02:12:18 PM	#5 (permalink)
sneezycheese Join Date: Dec 2005 Posts: 551 No Classified Ratings Domain Trader Rating: (0% / 0)	Additional Info... Types of Injunctive Relief: http://www.cr-law.co.uk/services/lit...injunctive.asp Application Form for an Injuntion: http://www.hmcourts-service.gov.uk/c...s/fp3_1205.pdf ...As far as I understand it, you'll not even get off the starting blocks with an Injunction if one of the first two conditions aren't met - i.e. either 'by application in pending proceedings' or 'under statutory provision'. Hope it's of some help. Sneezy.