Domain Manage

DRS on the way

Discussion in 'Domain Name Disputes' started by SF, Feb 17, 2010.

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  1. SF

    SF Well-Known Member

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    Hi Guys,

    I know have expert on the case, removed incase google spidered..
     
    Last edited: Feb 17, 2010
  2. Domain Forum

    Acorn Domains Elite Member

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  3. keys United Kingdom

    keys Well-Known Member Full Member

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    It appears that they have little or no basis for a valid complaint, based on what you say. That applies to many communications I have received.

    A clear statement of the facts and DRS policy is usually sufficient to resolve matters, however threatening they may seem at the outset.

    Let us know how you get on.
     
  4. grantw United Kingdom

    grantw Well-Known Member

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    If you've missed the deadline for a response db I would contact nom. and see if they'll extend it for you. Failing that it will go to a summary decision and you'll be at the mercy of the expert.

    Grant
     
  5. afx United Kingdom

    afx Active Member Exclusive Member

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    If I was you I'd use ***** and bin this thread. You dont want the complainant reading this and getting prior knowledge of your defence or educating themselves on how poor their own defence is and subsequently changing it.

    pm me if you want ***** name.
     
  6. SF

    SF Well-Known Member

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    Thanks guys,
     
    Last edited: Feb 17, 2010
  7. dashu1 United Kingdom

    dashu1 Well-Known Member

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    If you read though some of the decisions people can still win when they don't reply (I spent a lot of time looking at them myself recently when I was threatened with one).

    They have to prove that you're infringing on their trademark and that you've registered it maliciously, and it doesn't look like they can do that, so they should lose.

    If it's a fruit and you have lots of other food related names then that should be enough to prove that you're simply following a pattern that is already established (from what I've read of other drs's where the complainant lost), so I'd send in the details.

    If you registered any similar names on the same day, or within a day or 2 then that should really seal it - since you clearly weren't just after their name (again, from what I've read in previous decisions).
     
  8. mojoco United Kingdom

    mojoco Well-Known Member

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  9. SF

    SF Well-Known Member

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    Thanks guys this is brill, I will show you the types of fruit and veg names I have to show you.
     
  10. SF

    SF Well-Known Member

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  11. foz

    foz Well-Known Member Exclusive Member

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    They sound like a pack of bullies to me.

    If you still have a chance reply with a response. You can do this on-line by logging into your account and uploading a .doc file.

    Don't assume the Expert knows about all the aspects of the domain business.

    Quote cases in the past that have been favourable to respondents. I believe verbatim.co.uk has some good material in it. e.g. "not bad faith to park and sell domains". Also cyclone.co.uk has some nuggets.
     
  12. dashu1 United Kingdom

    dashu1 Well-Known Member

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    The verbatim one is a good one, I also found autoclaimsdirect interesting too.

     
  13. foz

    foz Well-Known Member Exclusive Member

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    Appeals ghd.co.uk, mercer.co.uk & oasis.co.uk.

    Mercer.co.uk - Expert stated;
    unexceptionable = completely acceptable or beyond reproach.
     
  14. bensd United Kingdom

    bensd Well-Known Member Exclusive Member

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    Thanks for that. I'm sure there would be other thickos like me who would have needed to look that up :D
     
  15. foz

    foz Well-Known Member Exclusive Member

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    I used Google define: ;)
     
  16. wiposucks

    wiposucks Member

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    Hmm, I would say that unexceptional means "commonplace/practice", unless he meant to say "unacceptable" lol.

    WS
     
  17. retired_member12

    retired_member12 Retired Member

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    Getting back to the point in hand, I find it hard to take on board the mentality of a company that offers to buy a domain name from DB in the first place, but just because it didn't like the price, it decides that selling is suddenly wrong and issues a DRS claim against him instead, citing selling domains within the claim as being wrong. Cheeky bleeders!
     
  18. foz

    foz Well-Known Member Exclusive Member

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    An offer that was the same as a summary decision. But I agree.
     
  19. retired_member12

    retired_member12 Retired Member

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    Hmmm, good point. I wonder if they realise the price of a full decision?
     
  20. bluerock

    bluerock Well-Known Member Exclusive Member

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    I had a d r s last month after sedo negotiations broke down!
    I wanted them to pay for expert but they backed down.
    Best thing is they then emailed and said okay we'll pay sedo price!!!!

    Planks
     
  21. foz

    foz Well-Known Member Exclusive Member

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    It does seem to be explained well Help

    What I don't like is that if an ill conceived Complaint (on the notion it will only cost £200) is laid, the Respondent has to go to considerable cost and time to file a response (as they only have one shot to put their argument across).

    Whereas when it was a flat £750, Complainants gave it more thought before proceeding.
     
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