Domain Manage

Test for blocking only???

Discussion in 'Domain Name Disputes' started by grandin, Aug 20, 2007.

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  1. grandin United Kingdom

    grandin Well-Known Member

    May 2006
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    Interesting extract from the bella DRS -

    When might a registration of a domain name be regarded as a blocking registration and abusive? The test devised in DRS 00292 ( can be used as guidance. In Chivasbrothers it was said that that where a respondent registers a domain name: 1. which is identical to a name in respect of which the complainant has rights; 2. where that name is exclusively referable to the complainant; 3. where there is no obvious justification for the respondent having adopted that name for the domain name; and 4. where the respondent has come forward with no explanation for having selected the domain name

    Indeed the experts have been aware for sometime that transferring a domain to an entity without exclusive rights to that name is wrong...untested in UK law?

    If a contract empowers you to do whatever you so wish then I would presume expert integrity would come into play i.e. if you are a legal expert your decision must be made on your legal expertise...if you do not have such expertise in a particular situation one would also presume that a decision would not be given...

    the only DRS case I have ever seen an expert decide that they cannot rule is the case on appeal....only a decision to put the registration back in the original position was granted in that case

  2. Domain Forum

    Acorn Domains Elite Member

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