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Recent content by Sequitur

  1. Sequitur

    Domain Name DRS Policies: from the sublime to the rediculous

    Lee I don't disagree with any of your points, Lee. Art 21(2) reads: A legitimate interest within the meaning of point (a) of paragraph 1 may be demonstrated where: (a) prior to any notice of an alternative dispute resolution (ADR) procedure, the holder of a domain name has used the...
  2. Sequitur

    Domain Name DRS Policies: from the sublime to the rediculous

    I read this a few months ago and, from memory, it points out some pretty serious defects in the text of Regulation 874/2004 (which contains the substantive rules governing .eu dispute resolution). In fact, I think I have a copy somewhere... ... Willoughby's main criticisms of .eu ADR...
  3. Sequitur

    Trademarks

    All else being equal, the hyphen would not make any difference at all to a Nominet DRS complaint or a UK trade mark infringement lawsuit. In other words, the owner of the (UK) trade mark ONETWO would have pretty much identical rights against the registrant of the domain name <onetwo.co.uk> as...
  4. Sequitur

    Not replying to solicitors letter/demand

    Does the letter writer rely upon the registration of a company name or the registration of a trade mark? The date of registration of a company name (at Companies House or the Scottish equivalent) does not create any IP rights. The date of registration of a trade mark protecting the company...
  5. Sequitur

    bought in bad faith??

    You may be able to get some evidence from archive.org. Obv wouldn't actual change of ownership, but change of site a good indicator.
  6. Sequitur

    privelage.co.uk decision

    Interesting question... Nominet DRS The Nominet Policy provides that: "A non-exhaustive list of factors which may be evidence that the Domain Name is an Abusive Registration is as follows: ... iii. The Complainant can demonstrate that the Respondent is engaged in a pattern of registrations...
  7. Sequitur

    privelage.co.uk decision

    Unlike court litigation, there are no damages or other financial penalties (or for that matter costs orders against respondents) in Nominet DRS proceedings or in UDRP proceedings. If what you are doing constitutes trade mark infringement (or gives rise to another cause of action e.g. under...
  8. Sequitur

    privelage.co.uk decision

    "when they are giving in to all the misspellings of privelige, you have to ask, are they unbiased?" It's not Nominet making the decisions, but the appointed experts. Most of the experts are practising IP lawyers, so they're professionally acclimatised to serve big corporations. That said...
  9. Sequitur

    Domain dispute library

    I'm putting together some domain name dispute resources pages at: http://www.sequitur-ips.com/domain-name-disputes/library.html If anyone could help me with links to high-quality useful or interesting resources, please post them here or email me. Thanks, Seq. ps The library's...
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