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| Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP |
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24-08-2006, 03:00 PM
| #1 |
| Junior Member Join Date: Aug 2006
Posts: 2
  Domain Trader Rating: (0% / 0) | finecheeses.co.uk Nominet DRS decision unfair ? The Fine Cheese Company Ltd versus Lawson's Cheeses - Nominet DRS awards the finecheeses.co.uk (note cheeses with an "s") domain name to the Complainant The decision states that finecheeses.co.uk was registered in 2004 implying within the initial registration period. This is incorrect. Nominet WHOIS shows that the domain name was registered 30th January 2003 over 3 and a half years ago and would have therefore been in its second 2 year period. The complainant states that in November 2005 they had a (single) complaint. One complaint in over 2 and a half years does not constitute a stampede of confused customers. Will Nominet make details of this one complaint open for inspection? The expression "fine cheeses" is descriptive and generic. The respondent sells fine cheeses and so the usage of the domain name by the respondent would therefore be highly appropriate. With Nominet's DRS system the domain name owners of the .com's below would risk losing their domains. However, .com domains are subject to UDRP rules which require the complainant to have a trademark. The Fine Cheese Company Ltd does not have a registered trademark and under current UK rules a descriptive term such as fine cheese(s) would not be allowed by the UK Trademark office. www.finecheeseslimited.com owned by Fine Cheeses Limited (note Fine Cheeses with an "s") www.finecheeses.com www.finecheese.com |
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24-08-2006, 03:04 PM
| #2 |
 Join Date: May 2006
Posts: 823
Domain Trader Rating: (100% / 5) | Criminal!.. |
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24-08-2006, 03:45 PM
| #3 |
 Join Date: Jul 2004 Location: UK
Posts: 1,952
 Domain Trader Rating: (100% / 13) | drs going down hill looking at that. |
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24-08-2006, 03:58 PM
| #4 |
| Join Date: May 2006
Posts: 991
Domain Trader Rating: (100% / 11) | Should have gone to court This case should have gone to court...its a guessing game! I guessed wrong on this one...I would Appeal it but it will cost £3000....the expert refers to Google but the search shows that the term 'fine cheeses' is generic with secondary meaning to the value of one or two search results out of 2,420,000 Lee |
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24-08-2006, 04:08 PM
| #5 |
| Join Date: Jul 2004 Location: UK
Posts: 1,952
Domain Trader Rating: (100% / 13) | http://www.nominet.org.uk/digitalAss...ats_060807.GIF http://www.nominet.org.uk/digitalAss...ats_060720.GIF Last edited by paullas; 24-08-2006 at 04:17 PM. |
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24-08-2006, 05:38 PM
| #6 |
 Join Date: Jan 2006
Posts: 614
Domain Trader Rating: (100% / 1) | Even I'm astonished by this one - and I'd rather hoped I'd seen it all! Someone's got to say it - this one stinks!  .Last edited by Beasty; 24-08-2006 at 06:22 PM. |
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24-08-2006, 06:02 PM
| #7 |
| Join Date: May 2006
Posts: 991
Domain Trader Rating: (100% / 11) | Over stretching So does this mean I can now overstretch my mark Landlord Mortgages and sue all those who have sponsored links under the term Landlord Mortgages? A mortgage taken out by a landlord is called a buy to let mortgage....and we have substantial good will in our name....maybe more so than fine cheese have in fine cheeses...beasty...no win no fee??? Lee |
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24-08-2006, 06:10 PM
| #8 |
| Join Date: Mar 2006 Location: Bridgnorth, Shropshire
Posts: 124
Domain Trader Rating: (0% / 0) | I have to agree that the decision is worrying. It would be interesting to know if it *was* only a single complaint in 2 1/2 yrs. And even more interesting (as Louise asks) if more details of the complaint(s) were published. The two websites are not similar and clearly show their different internet trading titles and geographical locations. So having placed an order with Cheeses Direct in Yorkshire, and presumably printed off the invoice/order when he purchased online that would contain their contact information - why would he (or she) contact The Fine Cheese Co in Bath to inform them he hadn't received his order?  Peter |
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24-08-2006, 06:11 PM
| #9 | |
| Join Date: Mar 2005
Posts: 1,141
Domain Trader Rating: (0% / 0) | What I find curious about this one is the Expert's use of a Google search: Quote:
__________________ Gazebo | Murcia Golf Apartment | Bouncy Castles | Self Storage Guide | The Colosseum, Rome | Professional Indemnity Insurance | |
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24-08-2006, 06:13 PM
| #10 |
| Join Date: Aug 2005 Location: Big Brother might be watching me, but I 'ain't watching Big Brother!
Posts: 785
Domain Trader Rating: (100% / 3) | Nominet should be ashamed of this one. Last edited by Ellis; 24-08-2006 at 07:08 PM. |
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