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Recent content by wiposucks

  1. W

    DRS tech question

    Hari, I didnt really express it how I meant to sorry. Yes I know that you have to bind yourself to accepting UDRP procedure but NOT the additional terms etc that WIPO and others add in to the response to cover their own sorry arses. It is those additional self made terms they agreed to waive...
  2. W

    DRS tech question

    Youre missing the point im afraid. I am speaking of the undertaking requested on the actual response forms for WIPO at which point you are requested by WIPO to absolve them of all liability etc etc. They apparently accepted the response without that undertaking being agreed to because they...
  3. W

    DRS tech question

    Thanks Adam et al for the replies. Yes correct Adam ,infact I was looking at the undertaking has to be given at time one wants to respond to a DRS and at that time you have to agree to be bound. Being pedantic to slight extreme (but have found thats how law works) , I was in fact looking to...
  4. W

    DRS tech question

    Know this is longshot but does anyone know where within the domain registration terms you are obligated to then accept the Dispute Resolution Service rules and policy if anyone issues a DRS ?. I would of course accept by implication that anyone issuing a DRS would need to agree to be bound...
  5. W

    DRS on the way

    Which is exactly why I do not want to see Gilbert or Cowley get anymore power ,as they are seeking. They both are the type that supports big business and domainers are scum to them. Look at Gilbert, a senior partner in Wragge & Co, and you can guess who he would support in a DRS against a...
  6. W

    DRS on the way

    The "problem" ,i.e. unfairness , of the DRS is that although the Complainant can use a Trademark to invoke a DRS a Respondent cannot use Trademark LAW to defeat said DRS, otherwise the Complainants would not win 90% of time, as they know full well. Since the Intel case in the ECJ the task of...
  7. W

    Can "nobody" issue a DRS

    Just heard the latest on this. The Complainant is failing to advise the Respondent what their legal status actually is (i.e. are they limited company, partnership etc etc) and Nominet seem to be saying they do not care. Is the Respondent not entitled to know who actually is taking the DRS...
  8. W

    DRS on the way

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

    Can "nobody" issue a DRS

    BB, will see what can find out although he did say he doesnt want to tell me too much as is at sensitive stage but will ask. I think that all that was simply asked was how it was that an unicorporated association could issue a DRS when it is not a legal entity able to do so. Will ask and post...
  10. W

    Can "nobody" issue a DRS

    I have been updated by my friend as follows; "Nominet Counsel has advised that it is not for them to interfere in these matters and even a party that does not legally exist can register a domain and issue a DRS . That is what they have effectively said. They said it is for the "expert" to...
  11. W

    Can "nobody" issue a DRS

    BB thanks again for your input. I have spoken to my friend and he has said that definately this was not a mistake by them ,they registered the domain in the name of the UA. They also had their lawyers file the DRS in the clear name of the UA and my friend has found out that ALL their...
  12. W

    Can "nobody" issue a DRS

    Add to above "In the name of the UA and not any Trust". WS
  13. W

    Can "nobody" issue a DRS

    Yes agreed, but this still leaves my friend concerned as to HOW an Unincorporated Association HAS actually registered a domain AND issued a DRS ?. WS
  14. W

    Can "nobody" issue a DRS

    Erm also, since they cannot enter into contracts HOW would they accept the terms & conditions of Nominet/Registrar ?. WS
  15. W

    Can "nobody" issue a DRS

    BB, yes please read below; Unlike companies and other corporate bodies, unincorporated associations have no separate legal identity. This means that an association: · is unable to enter into a contract in its own name; · cannot itself be liable for crimes committed in its name; · cannot...
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