Domain Manage

Toth v Emirates

Discussion in 'Domain Name Disputes' started by domainking, Feb 14, 2012.

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  1. domainking

    domainking Active Member

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    COURT 9
    Before MR JUSTICE MANN
    Wednesday, 15 February 2012
    At half past 10
    INTERIM HEARINGS LIST
    Part Heard
    1CL70012 Toth v Emirates

    Good Luck Michael
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. anthony United Kingdom

    anthony Well-Known Member

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  4. rob

    rob Founding Member

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    I think that kicked off today.

    Interestingly, I went to put a 'fun' picture up of Emirates Airline and notice that wikipedia refers to "emirates(airline)" and Emirate. I hope Wikipedia are safe from legal action!
     
  5. namealot United Kingdom

    namealot Well-Known Member

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    If he wins there’ll let him sit up front with the pilot...

    [​IMG]
     
  6. max_rk Lithuania

    max_rk Active Member

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  7. Pred United Kingdom

    Pred Well-Known Member

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    yep, the very best of British, Michael

    he won DRS, if Emirates Airlines want domain (which is a GEO) then offer enough cash compensation and stop trying to bully and intimidate people.
    and if owner doesn't want to sell, tough
     
  8. domainking

    domainking Active Member

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    Totally Agee pred but the problem is money and politics will always win in the long term. and emirates can keep throwing money at this until you run out of cash.

    The won the .eu think about 2 years ago and most people knew then that they would then use that to try get the .co.uk.

    Wish Michael all the best hope he wins it or can come to a deal as domain court costs these days can run onto tens and hundreds of £££££. trust me been there done it.
     
  9. Pred United Kingdom

    Pred Well-Known Member

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    well the Queen got bitchslapped for trying to take NewZealand.com so hope they get same treatment for trying to take a Geo like this
    it's similar to if a French carrier called France Airlines (but everyone referring to as 'France') went after france co/uk ffs

    anyway, agreed Tommy. you're in Spain for the conference aren't you?
    that's one I may just attend as love Spain and will be far more chilled not being in yank land. I may be going to look at a property in that region too around same time. maybe see you there for a few cold ones :cool:
     
  10. invincible

    invincible Well-Known Member

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    Although (and it may appear strange) I do wish Michael good luck with this court case, I am actually of the opinion that the DRS appeal which found in favour of Emirates Airline was a fair one. I don't consider "Emirates" to be a geographical name, and I consider it has acquired significant secondary meaning to the extent that I can only contemplate the Complainant in relation to it. I don't think of, or refer to, the UAE as "the Emirates". I will be curious to see what Michael has brought to the court and whether my opinion, so far, can be changed. :cool:
     
  11. Pred United Kingdom

    Pred Well-Known Member

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    I didn't know they appealed

    I don't know anyone stupid enough to want to go to the emirates, any of them , dubai etc ;)

    but, when I have heard anyone mention they are off on holiday there in barbers or somewhere, they have said 'off to the emirates' or 'off to dubai' next week

    having said that it can be an interesting subject to read about as in the boom and bust, the amazing structures built, (or half built)
    and the history behind it all
     
  12. anthony United Kingdom

    anthony Well-Known Member

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    You don't consider it to be a Geo, but you consider its significant secondary meaning to contemplating the Complainant. Then exactly what do you consider to be the primary meaning?
     
  13. invincible

    invincible Well-Known Member

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    I put it in the same category as coke.co.uk and that is putting aside how the Respondent made use of the domain name.
     
  14. domainking

    domainking Active Member

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    Whis the case of a geo it was the Barcelona.com that set the rules in a USA court when won the case again the local council. .com is different from geo .co.uk.
    Also agree that Emirates is not geo location in the terms Geo but a brand same as Coke, but not Coca Cola same other products in the field a generical brand.

    These days companys use the law to get your domains they pay for the TM ect use that along with other info that stacks against you.

    A company like Emirates will be using top expensive legal team in UK who will know the law inside out, and use that to there advantage. this could go on for years in and out of court just running up a legal bill for both sides and one with deep pockets 99% time wins.
     
  15. ratboy United Kingdom

    ratboy Well-Known Member

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    Wish Michael all the best with this. Hope it comes to a happy conclusion!
     
    Last edited: Feb 15, 2012
  16. dougs United Kingdom

    dougs Well-Known Member Exclusive Member

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    uae is called emirates

    Its what the local's call the place

    Doug
     
  17. websaway United Kingdom

    websaway Well-Known Member

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    Are you saying they acquire the trademark post the domain registration and try to use that to claim the name ?
     
  18. domainking

    domainking Active Member

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    Im not saying anything. its the sort thing I would do. :D
     
  19. websaway United Kingdom

    websaway Well-Known Member

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    Yes I've had a case where someone tried to buy a name from me which I didn't want to sell and they acquired a trademark for the exact non generic term . Dirty tricks or what ?
     
  20. invincible

    invincible Well-Known Member

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    Visit here and search for "Emirates" with search type set to "Exact" from the drop down. There are 3 results. 2 from the mid 1990s relating to a graphic and 1 filed on 27/06/2011 with opposition currently outstanding.
     
  21. invincible

    invincible Well-Known Member

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    No, not at all. Clients I work with have domain names that predate the registration of trade marks by others on matching terms. If the trade mark holder can demonstrate that they have built up goodwill in the term they are applying for a trade mark on why shouldn't they attempt to trade mark it? Owning an identical domain name shouldn't have any bearing on a trade mark application unless the domain name Registrant can demonstrate that they have also been trading using the term in a similar way. If they can then they might have good grounds to oppose.
     
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