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NamePros Cited in ISO.mobi Domain Arbitration - Domain Name Wire

Discussion in 'Domain Name News' started by Acorn Newsbot, Jan 11, 2009.

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  1. Acorn Newsbot

    Acorn Newsbot Junior Member

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  2. Domain Forum

    Acorn Domains Elite Member

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  3. admin Spain

    admin Administrator Staff Member

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    ISO.info

    What a dodgy decision, they let it drop, the guy didn't try to sell it to them nor put up ads, he changed the use of a 3 letter domain to stand for "I Seek Others" and put up a dating site accordingly.

    He lost it because he used candor in his email responses meaning he "had something to hide" and because the site he put up wasn't very nice looking!
     
  4. Pred United Kingdom

    Pred Well-Known Member

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    i know i just read it and couldnt believe it
    thought i must be missing something

    thing is when you read through hundreds of wipo cases like i have over years it makes the nominet decisions look so astute.
    never grumble about their decisions seriously
    these wipo 'panel members' are all ip lawyers and all know each other and all work for the large corps. its not just vested interests its corrupt beyond belief. its like musical chairs

    would love some of the legal guys on this forum to have a trawl through this one and make sense of it :eek:. sneezy and simon cowell etc

    btw its a .mobi not a .info admin
     
  5. Rob_F United Kingdom

    Rob_F Well-Known Member

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    I don't agree with the decision but this is the main reason he lost it... imo...

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    Had Respondent demonstrated that some or all of these steps occurred prior to its registering the disputed domain name, or even prior to notice from Complainant of its request for transfer, Respondent might have come within the safe harbor of paragraph 4(c)(i) of the Policy.4 Respondent however has submitted no evidence that these or other “demonstrable preparations” preceded notice of the dispute. Such evidence, if it exists, was within Respondent’s control: correspondence with the referenced developers, designers, and lawyers; a business plan; other ventures in the online dating business; earlier use of “I Seek Others”; perhaps even a showing that the phrase “I Seek Others” is commonly used for dating websites.

    The objective evidence available to the Panel lends Respondent no support. Quite the contrary, the relevant registrar’s WhoIs database indicates that Respondent registered its three “I SEEK OTHERS” domain names on September 11, 2008, the day immediately after its receipt of the initial email from Complainant’s general counsel, and the same day that Respondent replied to that email.5

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    - Rob
     
    Last edited: Jan 11, 2009
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