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Recent content by woohoo

  1. W

    Proof that complainant submitted to Jurisdiction

    I have a slight problem with DRS complaint in that seems that Nominet do not provide any proof of submission to Jurisdiction, or that they have undertaken that all evidence given is true etc. Apparently all they do is tick couple of boxes online, which is fine for them but no good for...
  2. W

    Can expert ignore trade mark (respondents) ?

    The Respondent to a DRS has a trade mark for over year or more and has used the domain for trading as per classes of the trade mark. It seems that effectively what the complainant is saying in their complaint is that the trade mark is worthless and only obtained to enable Respondent to own the...
  3. W

    Clause 9 of DRS Policy

    Yes I will do thanks. I am sure they have. What I was also puzzled by is the difference between the Policy dox sent to me with the Complaint and also on the Nominet Website which, at clause 9 do not seem to anywhere mention that you have to exclude yourself from calling the Expert or Director...
  4. W

    Clause 9 of DRS Policy

    I noted when I tried to upload the Response and Exhibits to Nominet that they ask you to confirm amongst other things that the Respondent accepts clause 9 of Policy. It read via the Control Panel that you must absolve Nominet experts,directors etc from all responsibility except for where there...
  5. W

    Can bad faith be passed on ?

    Well said, entirely true, yes they are 99.9% arseholes, although got to exclude the ones that have ruled in my favour ,lol. I am searching for a solicitor that knows what he/she is doing and more importantly will fight for an alleged domainer (not admitted though). By way during my unfruitful...
  6. W

    Can bad faith be passed on ?

    Does anyone know whether there has been any ruling by DRS that bad faith can be passed from the original registrant to a buyer of that domain , or can it be "washed" by such sale ?. If there is would that change if the seller was to give a written contract to buyer that it is sold free of all...
  7. W

    Advice wanted please

    OK I have now found a part in Section 3 of DRS procedure that details the Jurisdiction; viii.state that the Complainant will submit to the exclusive jurisdiction of the English courts with respect to any legal proceedings seeking to reverse the effect of a Decision requiring the suspension...
  8. W

    Advice wanted please

    WB, thank you very much for that ,that is most helpful. Now I have another question on Jurisdiction, and this one is bit more tricky. I know that in UDRP complainants have to Submit to the Jurisdiction of the Registrar OR the Respondent . Is that the case also with DRS ? reason I ask is that...
  9. W

    Advice wanted please

    One question that would help the original starter of this thread (me !) is "does anyone know of any DRS cases where (a) the appeal was not taken but instead proceedings were issued by the Respondent instead ? (b) does anyone know/have any case law of DRS's cases that were taken to Court and...
  10. W

    Advice wanted please

    There's the rub, it is cheaper, for me, to go to Court as can do myself with less fees than Nominet charge for appeals. And No. K
  11. W

    Advice wanted please

    Yes I agree that DRS clearly is intended as a quick way to resolve matters ,but it is not for the Courts benefit so much as Nominet's and the Complainants. Agreed, the pre action protocol is a must and I intend to fully comply with that and have already written to them without prejudice save as...
  12. W

    Advice wanted please

    Yes I believe you are correct there ,as is 15 + years ago now and im getting old my memory on that escapes but thats rings a bell. I issued in UK, got leave to serve on defendant in malaysia, sent to process server in Malaysia, they instructed UK law firm, I got Judgement .I then registered the...
  13. W

    Advice wanted please

    Not at all. I also obtained Judgment against a Dutch company in 2003. Just today infact I heard that bailiff in holland has frozen some money in bank accounts of the debtor and all this along with costs and interest over 8 years will be winging its way to me soon. I have valid trade mark for...
  14. W

    Advice wanted please

    Costs dont worry me no. As for DIY, I took 2 Malaysian co's to Court ,took 2 years and got trial listed. Lasted 2 days with them represented by barristers paying tens of thousands £. I won in UK Royal Courts, and then enforced Judgment in Malaysia. K
  15. W

    Advice wanted please

    Thank you very much for that. One other thing though. Does anyone know exactly what to issue (i.e. injunction, etc ?). And please dont say "you must have a lawyer" as cannot afford it and will do myself. The only thing missing is that I dont know what the type of Court procedure to issue...
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